Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2960 of 2016 Arising Out of PS.Case No. -194 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Monu Kumar S/o late Umesh Singh R/o Village- Mohanpur, P.s Bidupur, Didupur, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shruti Sinha, Advocate For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 341, 342, 307, 504, 506 of the Indian Penal Code.

The prosecution case is that on 04.05.2015 at 9.30 P.M. in the night, the informant was sitting at his door, when accused persons including the petitioner came variously armed and abused Nagendra Kumar Singh. When alarm was raised, the informant reached to the door of Nagendra Kumar Singh, then accused persons escaped from the scene and thereafter attacked on the house of the informant. The petitioner and Sonu Kumar assaulted with sickle to the informant, caused injury on his head, co-

Patna High Court Cr.Misc. No.2960 of 2016 (2) dt.19-01-2016 accused Shrawan Rai assaulted with garasha and Sonu Kumar assaulted to Manish Kumar, nephew of the informant, causing injury on his head, co-accused Dharmendra Kumar assaulted with farsha to Manish Kumar, causing injury on his head, Vishwnath assaulted Manish Kumar on his hand. Ranjeet Kumar assaulted to the brother of the informant Raj Kumar Rai. Rakesh Kumar and Anil Singh assaulted with iron rod, hockey stick to the informant.

It is submitted by the learned counsel for the petitioner that specific accusation against petitioner is that he assaulted the informant with sickle. Injury report of the informant suggest lacerated injury on the temporal region and pain and swelling on the forearm and shoulder, caused by hard and blunt substance. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the accusation not being corroborated by medical opinion, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 194 of 2015, subject to conditions

Patna High Court Cr.Misc. No.2960 of 2016 (2) dt.19-01-2016 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T