Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11521 of 2023 Arising Out of PS. Case No.-242 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Niraj Kumar Son of Laldeo Yadav @ Lal Deo Singh R/O Village- Bagha, P.S.- Barun, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 307, 323, 147, 148, 149 of the Indian Penal Code.
Prosecution case, in brief, is that informant, along with his brother and co-villager, was going to railway station and on the way his brother was attacked by the named accused persons including this petitioner. After getting this information, when father of the informant reached there, he too was brutally assaulted by means of iron rod, leading to his death on the spot. Learned counsel appearing for the petitioner submits that there is general and omnibus allegation of assault against the petitioner. Specific accusation of assault is against co-
Patna High Court CR. MISC. No.11521 of 2023(2) dt.15-05-2023 2/2 accused namely, Jai Prakash Kumar and Tej Pratap Yadav. In the post-mortem report, doctor has found only one injury on the body of the deceased and rest all the injuries sustained by the injured persons are simple in nature. Petitioner has got clean antecedent.
Considering the nature of accusation and simple injury, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Barun P. S. Case No. 242 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T