Ashok Bishwakarma @ Ashok Vishwakarma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30573 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -HALSI District- LAKHISARAI ======================================================

1. Ashok Bishwakarma @ Ashok Vishwakarma, S/o Late Jagdish Bishwakarma @ Jagdish Vishwakarma

2. Parshuram Bishwakarma @ Parsuram Vishwakarma, S/o Late Jagdish Bishwakarma @ Jagdish Vishwakarma

3. Binod Bishwakarma @ Vinod Vishwakarma, S/o Nandu Bishwakarma, @ Nandu Vishwakarma

4. Pintu Bishwakarma @ Pintu Vishwakarma, S/o Bahadur Vishwakarma, Bahadur Vishwakarma All are residents of village-Gerua Pursanda, P.S.-Halsi, District-Lakhisarai, For petitioner no.-4 at present resident of village-Sabaijore, P.S.-Sono, District-Jamui .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Halsi P.S. Case No. 37 of 2014 registered for the offences punishable under Sections 147, 341, 323, 324, 504, 506 and 307 of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, the petitioners and Nandu Bishwakarma being armed with came at the house of the informant and with an intention to kill started assaulting him in which the brother of the

Patna High Court Cr.Misc. No.30573 of 2014 (2) dt.21-01-2015 informant received head injury and the husband of the informant also became injured and when the informant fell down then the accused persons fled away.

Submission is of false implication and that there is a case and counter case. There is no specific allegation as to who assaulted whom and all the injuries have been found simple in nature, to which the learned A.P.P. opposes the prayer of prearrest bail. In the facts and circumstances as stated above, considering that there is a case and counter case as submitted the injuries have been found simple in nature and as such, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds 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 Halsi P.S. Case No. 37 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T