Rajeev Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44482 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Rajeev Kumar, Son of Yogendra Das
2. Anandi Das, Son of Late Silodhar Das.
3. Bablu Kumar, Son of Upendra Das.
4. Karan Kumar, Son of Ramasharay Das.
5. Yogendra Das, Son of Ramdhari Das
6. Upendra Das Son of Ramdhari Das.
All resident of Village- Mohanpur, Police Station Muffasil, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate. For the Opposite Party/s : Mr. Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Samastipur (Muffasil) P.S. Case No. 02 of 2016 registered under Sections 341, 323, 307, 120(B), 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that, on 02.01.2016, Amardeep Kumar, co-villager of the informant, came to his Aditya Ekta Miniral Water Plant in the morning and hold him that when he was coming to his house on 01.01.2016, in the way, Chandeshwar
Das, Karan Kumar and Bablu Kumar threatened him not to give evidence regarding the occurrence of firing. On which, informant went near the house of petitioner no. 6, Upendra Das, and made query then all accused persons named in the F.I.R. including the petitioners surrounded him and caused injury at his head through iron road. When Punam Devi and Rahul Kumar, rushed to save him then accused persons also assaulted them through iron rod. Learned counsel for the petitioners submits that, in fact, occurrence took place due to quarrel between the parties, in which, petitioner no. 1, Upendra Das, Meena Devi and Ramashray Das also sustained injury, regarding which, Samastipur (Miffasil) P.S. Case No. 03 of 2016 has been instituted on the basis of written report of petitioner no. 6. Moreover, the injuries found on the person of informant, Punam Devi and Rahul Kumar are simple in nature. It is further submitted that petitioners have no criminal antecedent.
Considering the aforesaid submissions, 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 S.D.J.M, Samastipur, in connection with
Samastipur (Muffasil) P.S. Case No. 02 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Samarendra Pratap Singh, J) Bhardwaj/- U T