Nawneet Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16229 of 2017 Arising Out of PS.Case No. -282 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nawneet Kumar, Son of Jai Chandra Singh,

2. Shashi Bhushan Singh @ Shashi Bhushan Kumar, Son of Jai Chandra Singh,

3. Mukul Kumar, Son of Jai Chandra Singh, All resident of VillageNarangia Tola Dih, P.S.- Madhuban, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Advocate.

For the Opposite Party : Mr. Akhileshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2017 Heard both sides.

The petitioners apprehend their arrest in Madhuban P.S. Case No. 282 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant Amir Kala Choudhary named the petitioners along with other accused persons but did not make any specific allegation of assault against Nawneet Kumar, petitioner no. 1. Shashi Bhushan @ Shashi Bhushan Kumar and Mukul Kumar petitioner no. 2 and petitioner no. 3 are alleged to have assaulted the informant Amir Kala Choudhary with Lathi. Learned counsel for the petitioners submits that one lacerated wound was found on the head of the informant Amir

Patna High Court Cr.Misc. No.16229 of 2017 (3) dt.27-04-2017 2/2 Kala Choudhary and the injury is simple in nature. There is a land dispute between both the sides.

It appears that no specific allegation of assault is made against the petitioner no. 1 Nawneet Kumar and petitioner no. 2 and 3 Shashi Bhushan @ Shashi Bhushan Kumar and Mukul Kumar are alleged to have indiscriminately assaulted the informant with Lathi but, only one injury which is simple in nature is found on the head of the informant.

Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four 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 Additional Chief Judicial Magistrate-IV, East Champaran at Motihari in Madhuban P.S. Case No. 282 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T