Mukesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12986 of 2016 Arising Out of PS.Case No. -236 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Mukesh Kumar Son of Brij Nandan Singh.

2. Manoj Kumar @ Bute Singh @ Manoj Singh Son of Late Raksha Singh.

3. Brij Nandan Singh son of Late Raksha Singh. All residents of VillagePirauta, Police Station- Akbarpur, in the District of Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Ramchandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-04-2016 Heard the counsel for the petitioners and Mr. Ramchandra Singh, APP for the State.

The three petitioners herein are son, his uncle and father. They along with another brother of petitioner no. 1 have been made accused in Akbarpur P.S. Case No. 236 of 2015 punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

It is alleged that the informant was intercepted, surrounded and assaulted by the accused persons. Specific allegations of assault by means of iron rod is attributed to another co-accused namely Shivam Kumar @ Chhoti. The allegation of causing injury in the ear of the wife of the informant is also

Patna High Court Cr.Misc. No.12986 of 2016 (2) dt.13-04-2016 2/2 against co-accused Shivam Kumar @ Chhoti.

The contention of the petitioners is that they had purchased the land only two-three days before the occurrence from the elder brother of the informant (Annexure-2), which became the bone of the contention. In course of investigation, the elder brother examined himself and narrated the true version of the case. The petitioners are 'gotiyas' of the informant and carry no criminal antecedents.

In the facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Nawada in Akbarpur P.S. Case No. 236 of 2015 on condition that one of the bailors shall be his/their own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds. (Kishore Kumar Mandal, J) rohit/- U T