Vikash Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31606 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -JANTA BAZAR District- SARAN ======================================================

1. Vikash Kumar,

2. Niranjan Kumar,

3. Vivek Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Srivastva For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,452,323,307,354,504 and 506 of the Indian Penal Code. It is alleged that petitioner no. 1 Vikas Kumar assaulted with sword causing injury on the fore head and right thigh of the brother of the informant whereas petitioner no. 2 assaulted with spade causing injury on the temple of the neighbour of the informant namely Govind Mishra and petitioner no. 3 assaulted with sword causing injury on the chest of the informant when sister of the informant namely Guriya Kumari came to rescue then petitioner no. 1 assaulted her with bat and stripped her. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.31606 of 2015 (2) dt.05-08-2015 2/2 that the injury has been found to be simple. Statement to that effect has been made in paragraph 10 of the petition, the relevant portion of which reads as follows:

"..........and both sides have sustained injury but all the injuries have been found simple......."

There is counter version of the occurrence where the petitioners side also received injury though simple in nature. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM, Saran at Chapra in connection with Janta Bazar P.S. Case No. 13 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T