Birju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22052 of 2023 Arising Out of PS. Case No.-376 Year-2020 Thana- KESARIA District- East Champaran ====================================================== 1.
Birju Kumar Son of Meghu Sahani Resident of village - Dhekhan, Ward No.- 9, P.S.- Kesariya, District - East Champaran. 2.
Sukrit Sahani Son of Late Vikrama Sahani Resident of village - Dhekhan, Ward No.- 9, P.S.- Kesariya, District - East Champaran. 3.
Jairam Sahani Son of Sukrit Sahani Resident of village - Dhekhan, Ward No.- 9, P.S.- Kesariya, District - East Champaran. 4.
Vimal Kumar Son of Birendra Sahani Resident of village - Dhekhan, Ward No.- 9, P.S.- Kesariya, District - East Champaran. 5.
Mantu Sahani Son of Late Savita Sahani Resident of village - Dhekhan, Ward No.- 9, P.S.- Kesariya, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, 17 FIR named persons including petitioners and 15-20 unknown entered in the tent of father of informant and started assaulting him. Co-accused Deepak Kumar assaulted with iron rod on the head of
Patna High Court CR. MISC. No.22052 of 2023(2) dt.06-07-2023 2/2 informant's father and co-accused Ram Ekbal Sahani assaulted with dagger in his stomach. Later on, during course of treatment, the father of informant died.
It is submitted that there is general and omnibus allegation of assault against petitioners. Specific accusation of assault is against co-accused Deepak Kumar and Ram Ekbal Sahani. Petitioners claim clean antecedents.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six 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 the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Keshariya P.S. Case No. 376 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T