Niranjan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27330 of 2015 Arising out of PS.Case No. -326 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Niranjan Kumar, son of Shambhu Mahto.

2. Shambhu Mahto, son of Shivpujan Singh.

3. Kashi Mahto, son of Late Hari Mahto.

4. Rakesh Kumar.

5. Mukesh Kumar.

6. Rajesh Kumar. All sons of Kashi Mahto. All residents of Mohalla - Lakhanusarai, P.S. - Sasaram (T), District - Rohtas. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ramchandra Singh, Advocate. For the Opposite Party : Mr. Md.Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sasaram(T) P.S. Case No. 326 of 2015 for the offences instituted under Sections 341, 323, 325, 307 and 506/34 of the IPC.

The prosecution story, in brief, is that the accused petitioner Niranjan Kumar misbehaved with the niece of the informant Deepak Kumar and it was objected by the informant then the accused persons assaulted him, his father and they

Patna High Court Cr.Misc. No.27330 of 2015 (3) dt.09-09-2015 2/2 sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case. The petitioners' side also sustained injury in course of occurrence and the same has not been explained by the prosecution which casts serious doubt upon the prosecution. The injuries are said to be simple in nature upon the informant's side. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Sasaram(T) P.S. Case No. 326 of 2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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