Ragvendra Kumar @ Raghvendra Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7766 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- SURYAPUR District- Rohtas ======================================================

1. Ragvendra Kumar @ Raghvendra Kumar, S/o Bharat Singh @ Bharat Yadav Village-Aliganj,P.S-Suryapura,Distt.-Rohtas at Sasaram.

2. Harikant Kumar, S/o Bharat Singh @ Bharat Yadav, Village-Aliganj,P.SSuryapura,Distt.-Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 448, 307, 379, 354(B) and 504 of the Indian Penal Code.

The prosecution case, in short, is that due to dispute on drain and lane, the accused persons, variously armed, came to the house of the informant and assaulted her husband due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.7766 of 2019(2) dt.15-02-2019 2/2 present case. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple as per Annexure2 to the present application. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, J.M., 1st Class, Bikramganj, Rohtas in connection with Suryapura P.S. Case No. 96/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T