Ravindra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42478 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Ravindra Singh, Son of Late Ishwari Singh,

2. Gopal Kumar @ Gopal Singh, Son of Ravindra Singh (Wrongly Mentioned in formal F.I.R. Ishwari Singh),

3. Narayan Kumar @ Alok Kumar, Son of Ravindra Singh (Wrongly mentioned in formal F.I.R. Iswari Singh), All R/o Village - Kandha, Konchgaon , P.S. - Warsaliganj, District - Nawada. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 308 and 379/34 of the Indian Penal Code. For dispute relating to partition of family property an occurrence of assault took place wherein the petitioner no. 3 Narayan Kumar @ Alok Kumar allegedly committed assault with rod at the head of the informant.

The Doctor has found simple incised injury on the head of the informant.

Patna High Court Cr.Misc. No.42478 of 2017 (3) dt.21-09-2017 2 /2 Submission of the learned counsel for the petitioners is that incised wound is never possible by an iron rod, hence, the prosecution allegation is inconsistent with the medical report. Considering the background and nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nawada/successor Court in connection with Warisaliganj Police Station Case No. 115 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T