Sujeet Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37950 of 2014 Arising Out of PS.Case No. -208 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== 1.Sujeet Kumar son of late Narad Prasad 2.Dinesh Kumar son of late Narad Prasad 3.Jagarnath Prasad son of Jamuna Prasad, all resident of village Purani Chowk, Gopalganj, P.S. & Dist. Gopalganj.

4.Mantu Prasad son of Jagarnath Prasad, resident of village Adhiwakata Nagar, Gopalganj, P.S. & Dist. Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered under section 307 and other allied sections of the Indian Penal Code.

The informant alleged that while he was returning from the market Mantu Prasad and Mukesh Kumar inflicted knife blow which hit at the back of the informant and snatched golden chain. On the order of Jagarnath Prasad Petitioner no.1 Sujeet Kumar inflicted knife blow on the stomach of Bipin and Dinesh Kumar alleged to have given knife

Patna High Court Cr.Misc. No.37950 of 2014 (4) dt.21-01-2015 2/3 blow at the back of Bipin.

Learned counsel for the petitioners submits that the informant got simple injury as found by the doctor. Bipin got two injuries one in the abdomen was found to be grievous. The author of that injury is Sujeet Kumar. Petitioners are in jail since 02.08.2014.

Learned counsel for the informant on the other hand has vehemently opposed and submitted that since the treatment chart was not submitted by the doctor, therefore, the injury caused on the person of Chandan Kumar was found to be simple.

Having considered the fact that Chandan Kumar got simple injury and the injury inflicted by Dinesh Kumar is also simple which was found on the back of Bipin, petitioner Dinesh Kumar, Jagarnath Prasad and Mantu Prasad are directed to be to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Gopalgganj Town P.S. Case No. 208 of 2014. So far as petitioner no.1 Sujeet Kumar is concerned, he is alleged to have given dagger blow on Bipin Kumar. The injury appears to have caused damage to small

Patna High Court Cr.Misc. No.37950 of 2014 (4) dt.21-01-2015 3/3 intestine and accordingly found to be grievous. Therefore, I am not inclined to enlarge petitioner Sujeet Kumar on bail. The prayer for bail is rejected. The petitioner may renew his prayer for bail after six months from today.

(Prabhat Kumar Jha, J) M.Rahman/- U T