Jitendra Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64876 of 2018 Arising Out of PS.Case No. -220 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Jitendra Kumar, Son of Ramchandra Singh.

2. Deepak Kumar, Son of Sri Ram Singh.

3. Karmvir Singh, Son of Jugeshwar Singh @ Janggi Singh.

4. Nirbhay Kumar Singh, Son of Sri Balli Singh, All are resident of Village- Ghataro, P.S.- Kartanha, District- Vaishali at Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 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, 353, 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons forming a mob, assaulted the Govt. employees who were discharging their job.

It has been submitted on behalf of the petitioners that the petitioner Nos. 2 & 4 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

Patna High Court Cr.Misc. No.64876 of 2018 (2) dt.25-10-2018 present case. No deadly weapon is alleged to have been used in course of occurrence. The victim is said to have been assaulted by fist and slaps. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate.

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, Hajipur in connection with Lalganj P.S. Case No. 220 of 2016, 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