Nilesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11707 of 2019 Arising Out of PS. Case No.-727 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Nilesh Kumar, Son of Shankar Yadav, Resident of Village - Garhi Bishanpur, P.S.- Lakhisarai, Distt.- Lakhisarai.

2.

Kunal Kumar, Son of Ranjet Yadav, Resident of Village - Garhi Bishanpur, P.S.- lakhisarai, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lakhisarai P.S. Case No. 727 of 2018, registered under Sections 147, 148, 149, 341, 323, 307, 504, 337 and 407 of the Indian Penal Code.

The accusation is that on 14.11.2018 at about 4.30 P.M., the informant along with other villagers went to submerge the idiol of "Chhath" into the river and when he reached at NH80 then three persons named in the F.I.R. including petitioners and 15 to 20 unknown having lathi, danda, bricks and stones came there and surrounded and started to assault the informant and others and also pelting bricks and stones upon them, in

Patna High Court CR. MISC. No.11707 of 2019(3) dt.24-06-2019 2/2 which, informant and others sustained injury. Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners and others to cause injury to the informant and others. Moreover, the injuries, as found on the persons of the informant and others, are simple in nature. In fact, due to petty dispute occurrence took place, in which, petitioners' side also sustained injury, regarding which, Lakhisarai P.S. Case No. 728 of 2018 is instituted against Bishal, Bhuttu Singh, Lallu Singh and Guhan Singh on the basis of written report of Pappu Kumar.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing 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, Lakhisarai, in connection with Lakhisarai P.S. Case No. 727 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T