Patna High CourtCR. MISC./34795/2014bail granted

Vivek Kumar And ANR v. The State Of Bihar

2015-02-23Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.34795 of 2014 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34795 of 2014 Arising Out of PS.Case No. -65 Year- 2012 Thana -TARAIYA District- SARAN ======================================================

1. Vivek Kumar,

2. Vinay Kumar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioners apprehend their arrest in Taraiya P.S.Case No.65 of 2012, registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code. There is allegation against the petitioners that they assaulted the informant with farsa. It is submitted that there is a counter version. The police after investigation found the case false against the petitioners and accordingly submitted final form but the learned CJM, Saran at Chapra disagreed with the finding of the police and took cognizance. It is also submitted that the allegation against the petitioners is that they assaulted the informant which hit on his elbow but there was no injury to this effect. Considering the nature of allegations made against the petitioners and the fact that no injury was found on the elbow of

Patna High Court Cr.Misc. No.34795 of 2014 (2) dt.23-02-2015 the informant, petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.C. Srivastava, learned Judicial Magistrate, Saran at Chapra in Taraiya P.S.Case No.65 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) B.Kr./- U T