Kameshwar Kumar @ Kameshwar Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33968 of 2015 Arising Out of PS.Case No. -399 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Kameshwar Kumar @ Kameshwar Rai

2. Ranjeet Kumar both are sons of Dharmnath Rai resident of village - Chhihantar, P.S. Maner, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-08-2015 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, 149, 307, 323, 341, 379, 380, 452 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that the accused persons came variously armed when Junarbi Rai caused injury with rifle to Bharat Rai, subsequently, petitioners and co-accused Sanjay made indiscriminate firing. Due to firing made by Sanay Rai, the informant received injury on the chest whereas informant received injury on the chest and hand due to firing made by the petitioners. It is submitted by learned counsel for the petitioners that there is counter version of the occurrence also and injury report of

Patna High Court Cr.Misc. No.33968 of 2015 (2) dt.20-08-2015 2/2 the informant suggest two abrasion on the upper forearm and upper part of the body whereas one swelling on the breast and none of the injury appears to be caused by firearm whereas it is specifically alleged that the petitioners caused firearm injury. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that accusation is not being corroborated by the medical opinion, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 399 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T