Gautam Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23685 of 2017 Arising Out of PS.Case No. -56 Year- 2016 Thana -KARENDE District- SEKHPURA ======================================================
1. Gautam Kumar, son of Krishn Yadav.
2. Avijit Kumar @ Abijit Kumar, son of Nago Yadav.
3. Rajesh Kumar, son of Mohan Yadav.
4. Awdhesh Kumar @ Avdhesh Kumar, son of Devu Yadav.
5. Guddu Kumar, son of Kishori Yadav.
All resident of Village Ballopur, P.S. Halsi, Dist. Lakhisarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Karandey P.S. Case No. 56 of 2016 registered for offences under sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
As per allegation, the three accused persons have surrounded the Informant and specific allegation has been made against Gautam Kumar and Rajesh Kumar (petitioner nos. 1 & 3) to have caused injury by rod. The dispute had started from Kali Puja.
There being specific allegation against the petitioner
Patna High Court Cr.Misc. No.23685 of 2017 (2) dt.20-07-2017 nos. 1 and 3 i.e. Gautam Kumar and Rajesh Kumar, this Court is not inclined to grant privilege of anticipatory bail to them. Accordingly, the prayer for anticipatory bail of the petitioners, namely, Gautam Kumar and Rajesh Kumar is rejected. There is a vague allegation against the rest of the petitioner nos. 2, 4 and 5 respectively.
Looking to the entire facts and circumstances of the case specially there being vague allegations, let the petitioner nos. 2, 4 and 5, namely, Avijit Kumar @ Abijit Kumar, Awdhesh Kumar @ Avdhesh Kumar and Guddu Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 learned Chief Judicial Magistrate, Sheikhpura in connection with Karandey P.S. Case No. 56 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shivaji Pandey, J) Rishi/- U T