Angad Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9782 of 2016 Arising Out of PS.Case No. -310 Year- 2013 Thana -JAMUI District- JAMUI ======================================================
1. Angad Kumar Son of Krishna Rabidas @ Krishnadeo Das
2. Pankaj Rabidas @ Pankaj Kumar son of Krishna Rabidas @ Krishnadeo Das both resident of village- Krishnapatti, P.S.- Jamui, District- Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Ram Shankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jamui P. S. Case no. 310 of 2013 registered for offences punishable under Sections 147, 149, 323, 341, 307, 384, 504 and 506 of the Indian Penal Code and 3 (i) (x) (xi) SC/ST (POA) Act. The prosecution case is that the informant Rameshwar Prasad gave his fardbeyan before Jamui Police at Sadar Hospital, Jamui alleging therein that on 11.10.2013 at about 9.00 A.M. in the house of his sister at village- Bhachiyar, he received a call on his mobile from mobile number of Sujit Kumar Yadav and called him at Coaching Centre, Aditya Classes near L.I.C. Road, Jamui
Patna High Court Cr.Misc. No.9782 of 2016 (2) dt.16-03-2016 2/3 and then informant alongwith his Bhagina reached at Coaching Centre where Sujit Kumar Yadav and Neeraj Kumar told and compelled him that informant will have to teach at coaching centre. On refusal by informant that he had already joined service, Sujit Kumar Yadav demanded Rs. 10,000/- and assaulted the informant and his Bhagina and abused him by using caste name Sala- Chamar. Thereafter, informant and his Bhagina any how fled away from there and then accused persons chased him and all the accused persons including petitioners surrounded them near L.I.C., Jamui and brutally assaulted the informant with pistol, lathi, danda and knife. The informant sustained hurt on his head and he and his Bhagina also sustained hurt on several parts of his body.
The informant and his Bhagina in order to save themselves entered into the clinic of Dr. Rajesh. It is also alleged that Neeraj Kumar had snatched Rs. 1000/- from his pocket. It has been submitted by the learned counsel for the petitioners that they have no criminal antecedent as is evident from para-3 of this petition and allegations upon them are general and omnibus. It has also been submitted that the injury caused on the informant and his nephew are simple in nature and similarly situated co-accused persons has since been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Court vide Cr.
Patna High Court Cr.Misc. No.9782 of 2016 (2) dt.16-03-2016 3/3 Misc. No. 34815 of 2015 dated 20.08.2015.
Under such facts and circumstances, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in Jamui P.S.Case No. 310 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T