Brij Bhan Kumar @ Vrijbhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5474 of 2022 Arising Out of PS. Case No.-5 Year-2021 Thana- SAKSOHRA District- Patna ====================================================== 1.

BRIJ BHAN KUMAR @ VRIJBHAN KUMAR Son of Dharam Raj Paswan Resident of Village - Kaima, P.s.- Saksohra, Distt.- Patna. 2.

Nilkamal Kumar @ Abinash Kumar Son of Dharam Raj Paswan Resident of Village - Kaima, P.s.- Saksohra, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2022 Heard learned counsel for the petitioners, informant and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that eight persons of a family including the petitioners assaulted the uncle of the informant causing his death.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner no. 1 is alleged to have assaulted Anjula Kumari by means of kudal whereas, petitioner no. 2 assaulted the family members of the informant. Injuries sustained by the

Patna High Court CR. MISC. No.5474 of 2022(3) dt.08-09-2022 2/2 injured were found to be simple in nature. Petitioners are not assailants of the deceased. Petitioners have got no criminal antecedent.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge III Barh, Patna Police Station Case No. 5 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T