Kanhaiya Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52504 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -MEHUS District- SEKHPURA ======================================================
1. Kanhaiya Kumar, son of Siya Sharan Singh
2. Shashi Bhushan Kumar @ Shashi Kumar @ Chote Kumar, Both are sons of Siya Sharan Singh, resident of Village- Mehus, P.S.- Mehus, District- Sheikhpura.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kr. Thakur, Adv. Mr. Pravin Kumar, Adv.
For the mant : Mr. Ram Vinay Pd. Singh, Adv. Mr. Ram Nibas Pd., Adv.e For the State : Mr. Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 15-12-2015 Heard learned counsels for the petitioners, the informant and learned A.P.P. for the State.
The petitioners seek bail in Mehua P.S. Case no.03/15 registered under Sections 147, 148, 149, 341, 323, 307, 506 of the Indian Penal Code. However, later on, after the death of the victim, Section 302 of the Indian Penal Code was also added. It has been submitted on behalf of the petitioners that there is a general and omnibus allegations against the petitioners. Though the allegation is that about six persons have assaulted, there are only two injuries were found on body of the deceased. Learned counsel for the informant has submitted that
Patna High Court Cr.Misc. No.52504 of 2015 (2) dt.15-12-2015 2 / 2 wife of the deceased has stated in her statement recorded by police under Section 161 of Cr.P.C. during the course of investigation that co-accused Rishi Kumar has assaulted with 'Kudal' upon the head of her husband causing his death. The aforesaid Rishi Kumar has already been granted bail by a Bench of this Court on 30.10.2015 vide Cr.Misc.No.41333 of 2015.
Having regard to the facts and the circumstances of the case, the petitioners, namely, 1. Kanhaiya Kumar and 2. Shashi Bhushan Kumar @ Shashi Kumar @ Chote Kumar, are directed to be released on bail on furnishing their bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Mehus P.S. Case No. 03/15. (Dr. Ravi Ranjan, J) Lata/- U T