Raushan Malakar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4146 of 2016 Arising Out of PS.Case No. -266 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================

1. Raushan Malakar

2. Dhiraj Malakar

3. Suraj Malakar All S/o Suresh Malakar

4. Sanjay Sao S/o Kishori Sao All r/o Masai, Rajauli Sangar, P.S. Rajauli, Distt. - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

The prosecution case is that on 14.10.2015

Patna High Court Cr.Misc. No.4146 of 2016 (2) dt.29-01-2016 2/3 petitioner no. 1 Raushan Malakar and petitioner no. 3 Suraj Malakar were taking the electric connection from the pole which was protested by Shivshankar Malakar for not taking the wire through his roof when on the order of co-accused Pinki Devi petitioner no. 1 Raushan Malakar assaulted Mukesh with iron rod on his head and thereafter other accused persons were also assaulted Mukesh. Co-accused Pinki Devi snatched rupees one thousand and co-accused Sanjay Sao snatched chain from the informant.

It is submitted by learned counsel for the petitioners that for the petty dispute the accusation has been levelled. Injury of Mukesh has been found to be simple in nature. The case lodged by the petitioners' side is at earlier point of time being Rajauli P.S. Case No. 265 of 2015. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.4146 of 2016 (2) dt.29-01-2016 3/3 Magistrate, Nawada in connection with Rajauli P.S. Case No. 266 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T