Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17155 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- MEHSI District- East Champaran ====================================================== 1.

Arvind Kumar Son of Shankar Rai Resident of Village- Chintamanpur, P.S.- Mehsi, District- East Champaran, Motihari.

2.

Subodh Kumar Chaurasiya @ Subodh Kumar Son of Raghubir Chaurasiya Resident of Village- Chak Madari, P.S.- Mehsi, District- East Champaran, Motihari.

3.

Avinash Kumar Son of Anil Chaurasiya Resident of Village- Chak Madari, P.S.- Mehsi, District- East Champaran, Motihari. 4.

Bipin Singh Son of Ramayan Singh Resident of Village- Rampurwa, P.S.- Mehsi, District- East Champaran, Motihari.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Om Prakash Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 323, 324, 342, 448, 307, 325, 379, 436/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons were loading the sand from stock of the informant and while the same was protested by the informant and his father, the accused persons started assaulting them.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.17155 of 2019(2) dt.29-03-2019 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The injury is said to be simple in nature. On behalf of the State and O.P. No. 2 , it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Motihari, East Champaran in connection with Mehsi P.S. Case No. 430 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T