Ranjan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14111 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ranjan Kumar.

2. Rakesh Kumar, both sons of Kapildeo Sah.

3. Kapildeo Sah, son of Ramchandra Sah, All are resident of village Parsa, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate. For the Opposite Party/s : Mr. Sri Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dhaka P.S. Case No. 10 of 2017, registered under Sections 341, 323, 379, 324 and 307/34 of the Indian Penal Code.

The accusation is that, on 03.01.2017, the informant was counting the money, in the meantime, the petitioners entered with weapons and caused injury to him. At that time, petitioner nos. 1 and 3 took cash of Rs.40,000/- and sustained injury to him through Garasa.

Learned counsel for the petitioners submits that,

in fact, petitioner no. 3 is own brother of the informant and petitioner nos. 1 and 2 are nephew of the informant and informant of the present case was setting bonfire at his door, which was creating bad smell, on which, petitioners made objection due to that reason occurrence took place, in which, petitioners also sustained injury, regarding which, Dhaka P.S. Case No. 11 of 2017 was instituted on the basis of written report of petitioner no. 3. It is further submitted that two injuries were found on the person of the informant, out of which, one is lacerated wound at right side of scalp deep and another is abrasion on the right side of upper lip and no any sharp cutting injury was found on the person of the informant while allegation is of causing injury through Farsa. It is further submitted that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East

Champaran, in connection with Dhaka P.S. Case No. 10 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T