Amit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29544 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -KAUAKOL District- NAWADA ======================================================

1. Amit Kumar son of Ashok Prasad Chaurasiya,

2. Mithun Chaurasiya son of Ashok Prasad Chaurasiya, Both residents o village Itpakwa, Police Station Kawakole, District Nawadah,

3. Binod Chaurasiya son of Uma Shankar Chaurasiya, resident of village Piyo, P.S. Trilokpura, District Sidarth Nagar (U.P.), .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arjun Prasad, Advocate For the State : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

It is contended on behalf of the petitioners that though there is allegation of assault against the petitioner nos. 1 and 2 by Khanti etc., however, the injuries have been found simple in nature-one being swelling and another being merely scalp deep, as no bony injury has been found. It is urged that the First Information Report itself discloses that there is some dispute between the informant and the petitioners, who are agnates, regarding some pathway.

Patna High Court Cr.Misc. No.29544 of 2016 (2) dt.29-08-2016 Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Amit Kumar, Mithun Chaurasiya and Binod Chaurasiya, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Kawakole Police Station Case No. 35/2016 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Nawada, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

Further, if the petitioners, after their release in this case, are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Dr. Ravi Ranjan, J) SC/- U T