Nirala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33178 of 2021 Arising Out of PS. Case No.-836 Year-2020 Thana- BIHTA District- Patna ====================================================== 1.

NIRALA KUMAR Son of Yogendra Yadav Resident of Village- Raghopur, P.S.- Bihta, District- Patna.

2.

Dhiraj Kumar Son of Yogendra Yadav Resident of Village- Raghopur, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar, Adv For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2021 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 504, 506, 307/34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 19.11.2020 at about 6:30 pm, while he was returning to his house after driving truck, his Khalasi reached the house earlier and due to confusion knocked the door of the house of his brother and his brother started abusing him and when petitioner

Patna High Court CR. MISC. No.33178 of 2021(2) dt.02-11-2021 2/3 objected his brother Yogendra Yadav along with other family members assaulted him as well as his daughter when she came to his rescue and suffered injuries. Further allegation is of snatching chain and watch from the possession of Informant. Learned counsel for the petitioners submit that they are innocent and have been falsely implicated in this case due to family animosity and dispute. Petitioner nos. 1 and 2 are nephew of the Informant. Allegations are general and omnibus in nature against the petitioners of assaulting Informant and his family members. Injury report has been annexed at Annexure-2 which shows that the Informant has suffered two injuries i.e. injury no. 1 which is on scalp, is simple in nature and injury no.

2 is on arm, for which opinion has been reserved for want of Xray. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bihta P.S. Case No.

Patna High Court CR. MISC. No.33178 of 2021(2) dt.02-11-2021 3/3 Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U