Rakesh Kumar Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18661 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -JALALPUR District- SARAN ======================================================
1. Rakesh Kumar Sah, Son of Dinesh Sah,
2. Dinesh Sah, Son of Late Rama Sah, Both are resident of village - Bangra, P.S. Jalalpur, District - Saran, Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. Specific allegation of commission of injury at the head of the informant is against petitioner no. 1 Rakesh Kumar Sah.
The injury report reveals that the Doctor has found a laceration at the right of occipital reason caused by hard and blunt substance and simple in nature.
Since, the petitioner no. 1 had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail.
Patna High Court Cr.Misc. No.18661 of 2017 (3) dt.28-04-2017 2/2 There is general and omnibus allegation of commission of assault and theft against the petitioner no. 2 Dinesh Sah, hence, let the petitioner no. 2, Dinesh Sah, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Saran, Chapra/successor Court in connection with Jalalpur Police Station Case No. 08 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 2 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 2. Accordingly, this application stands disposed of. (Birendra Kumar, J) Kundan/- U T