Patna High CourtCR. MISC./55095/2015partly allowed disposal

Vivek Kumar Singh And ANR v. The State Of Bihar

2015-12-18Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55095 of 2015 Arising out of PS.Case No. -155 Year- 2015 Thana -PARSA District- SARAN ======================================================

1. Vivek Kumar Singh, Son of Sri Ram Udar Singh.

2. Vikash Kumar Singh, Son of Sri Nageshwar Singh. Both are residents of village - Bhagwanpur, P.S. Parsa, District - Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Singh Mr. Jeetendra Narayan For the Opposite Party/s : Mr. B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-12-2015 Heard Mr. Arun Kumar Singh, learned counsel appearing on behalf of the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Parsa P.S. Case No.155 of 2015 for the offences punishable under sections 147, 148, 149, 323, 324, 379, 504 and 307 of the Indian Penal Code.

Whereas petitioner no.1 Vivek Kumar Singh has been charged with assaulting the informant on his head, the petitioner no.2 Vikash Kumar Singh has been charged with assaulting Ravindra Singh on his neck by a Farsa. The injury report has been enclosed at Annexure-3 series and whereas the injury found on the person of the informant caused by petitioner

Patna High Court Cr.Misc. No.55095 of 2015 (2) dt.18-12-2015 no.1 stands confirmed and has been found to be grievous in nature, in so far as Ravinda Singh is concerned no injury is reported on the neck and the injury whatsoever caused, has been found to be simple in nature.

In the circumstances the prayer for anticipatory bail of petitioner no.1 (Vivek Kumar Singh) is rejected and he is directed to surrender before the court below and pray for regular bail which shall be considered by the court below on its own merits and be disposed of without being prejudiced by this order. In so far as the petitioner no.2 (Vikash Kumar Singh) is concerned, in the event of his arrest or surrender within four weeks from today he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Parsa P.S. Case No.155 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. This application is allowed in part.

(Jyoti Saran, J) SKPathak/- U