Bikarma Kumar @ Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34933 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== 1.

BIKARMA KUMAR @ VIKRAM KUMAR S/o BAIJU MAHATO @ BAIJU MAHTO Resident of Village- Tarwa Mangarpal, Police StationDariyapur, District- Saran at Chapra. 2.

Surndra Mahato @ Surendra Mahto Son of Late Munshi Mahto Resident of Village- Tarwa Mangarpal, Police Station- Dariyapur, District- Saran at Chapra.

3.

Rahul Kumar Son of Surendra Mahato @ Surendra Mahto Resident of Village- Tarwa Mangarpal, Police Station- Dariyapur, District- Saran at Chapra.

4.

Baiju Mahato @ Baiju Mahto Son of Late Munshi Mahto Resident of Village- Tarwa Mangarpal, Police Station- Dariyapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323,, 307, 504/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.34933 of 2021(2) dt.12-04-2022 2/2 persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Except for Section 307 IPC, rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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.- -13, Saran at Chapra in connection with Dariyapur P.S. Case No. 237 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T