Patna High CourtCR. MISC./43713/2015disposed

Aditya Kumar And ORS v. The State Of Bihar

2015-10-13Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43713 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Aditya Kumar son of Akhilesh Chandra Prasad

2. Gobind Kumar @ Kundan Kumar son of Akhilesh Chandra Prasad

3. Pawan Kumar son of Akhilesh Chandra Prasad, All are resident of village- Champapur, P.S. Ramgarhwa, District- East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-10-2015 Petitioners apprehend their arrest in a case instituted under section 307, 379/34 and other allied sections of the Indian Penal Code.

The informant alleged that the accused persons came to their shop and started assaulting him. As per prosecution case, accused Aditya kumar opened fire but it did not hit any one, accused Gobind Kumar assaulted the informant with lathi on his head, whereas accused Pawan Kumar assaulted him with Farsa on his head.

Petitioners submit that the incident caused is counter to the earlier case filed by petitioner no.2 in which petitioners also sustained injuries.

I find that there is fracture injury on the head of the

Patna High Court Cr.Misc. No.43713 of 2015 (2) dt.13-10-2015 2/2 informant.

In the facts of the case, the prayer for bail of the petitioner no. 3 (Pawan Kumar) is refused with direction to surrender and seek regular bail which would be disposed of on its own merit with prejudice.

In case of surrender within six weeks, let petitioners no.1 and 2, named above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in Ramgarhwa Police Station Case No. 71/2015.

Shashi.

(Samarendra Pratap Singh, J) U T