Saurav Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52915 of 2018 Arising Out of PS.Case No. -133 Year- 2018 Thana -HISUWA District- NAWADA ======================================================

1. Saurav Kumar,

2. Kundan Kumar, Both are Sons of Surendra Singh, Both are resident of Village- Latawar, P.S.- Hisua, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 385, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that accused persons demanded ransom from the informant and on refusal, assaulted him by iron rod and snatched golden chain.

It has been submitted on behalf of the petitioners that the 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. Both parties

Patna High Court Cr.Misc. No.52915 of 2018 (2) dt.09-10-2018 sustained injuries. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. There is no allegation of assault against the petitioners. The allegation of assault is against co-accused Vikash Kumar.

On behalf of the State, 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 Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 133 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