Prasant Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.8029 of 2017 (2) dt.03-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8029 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -KHARAGPUR District- MUNGER ======================================================

1. Prasant Kumar, son of Shr Nandan Singh, resident of VillageMujjaffaraganj.

2. Amresh Kumar @ Asresh Kumar, son of Sitao Singh, resident of VillageKhaira, both P.S.- Haveli Kharagpur, District- Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manohar Prasad Singh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioners, and the learned counsel representing the State.

The petitioners apprehend their arrest in connection with Haveli Kharagpur P.S Case No. 197 of 2016 registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused assaulted the informant with knife causing injury to the right side of the forehead and further assaulted with Lathi and Danda and when the villagers came for rescue, the accused persons fled away. The informant has been treated by a local doctor and thereafter, lodged this case at police station.

Submission is of false implication and that from perusal of the impugned order, it reveals that there is no injury

Patna High Court Cr.Misc. No.8029 of 2017 (2) dt.03-03-2017 report in the case diary. The allegations are omnibus and general in nature, there is no specific allegation against the petitioners. There is case and counter case and both sides have received injuries. The occurrence has taken place due to petty dispute for grazing paddy by goat and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances stated above, considering that the allegations are omnibus and general in nature and, as such, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall be released on 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 A.C.J.M.-IV, Munger in connection with Haveli Kharagpur P.S. Case No. 197 of 2016 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T