Nand Kishore Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34009 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- AMNAUR District- Saran ====================================================== 1.

NAND KISHORE SHUKLA SON OF FEKU NATH SHUKLA R/O VILLAGE- CHAPRA ABHIMAN, P.S.- AMNAUR, DISTRICT- SARAN AT CHAPRA.

2.

DEEPAK KUMAR SHUKLA SON OF NAND KISHORE SHUKLA R/O VILLAGE- CHAPRA ABHIMAN, P.S.- AMNAUR, DISTRICT- SARAN AT CHAPRA.

3.

PANKAJ KUMAR @ PANKAJ KUMAR SHUKLA SON OF LATE SATENDRA SHUKLA R/O VILLAGE- CHAPRA ABHIMAN, P.S.- AMNAUR, DISTRICT- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh, Advocate.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-01-2022 Heard Mr. Nawal Kishore Singh, learned Advocate for the petitioners and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Amnaur P. S. Case No. 27 of 2021 instituted for the offences under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The petitioners are said to have assaulted the members of the prosecution party. So far as the specific allegation is concerned, it is on the petitioner no.1 who is said to have

Patna High Court CR. MISC. No.34009 of 2021(2) dt.20-01-2022 2/3 assaulted by means of a farsa on the head of the nephew of the informant. Petitioner no.2 is not specifically alleged to have done anything. Petitioner no.3 is said to have twisted the neck of the informant, but without any corresponding injury. The learned counsel for the petitioners has submitted that the petitioner no.1 has also filed a complaint case against the informant and others because his case was not being registered by the local police.

All the three petitioners have also been injured in the occurrence. The injury report of the informant discloses simple injuries on him. The nephew of the informant has received only two injuries, one of which is simple which is in the nature of pain in the neck. However the injury on his head is reported to have been caused by hard and blunt substance and the opinion regarding such injury has been kept reserved for further medical investigation.

Learned counsel for the petitioners has submitted that the dimension of the lacerated wound on the nephew of the informant does not appear to be grievous or life threatening. Regard being had to the fact that the parties have filed counter cases against each other and even the petitioners have been injured in the occurrence, they are directed to be released

Patna High Court CR. MISC. No.34009 of 2021(2) dt.20-01-2022 3/3 on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Saran at Chapra in connection with Amnaur P.S. Case No. 27 of 2021, subject to the condition as laid down under Section 438 (2) Cr. P.C.

The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T