Patna High CourtCR. MISC./44559/2017bail granted

Rakesh Kumar And ORS v. The State Of Bihar

2017-09-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44559 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Rakesh Kumar Son of Shiv Shankar Kumar

2. Shiv Shankar Kumar @ Shiv Shankar Kuwar Son of Suraj Kumar.

3. Mithlesh Kumar Son of Shiv Shankar Kumar, All R/o Village- Pakari Basarat, P.S.- Sahabganj, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Adv. For O.P. : Mr. Shashi Bhushan Singh, Adv. For the State : Mr. Shyam Kumar Singh, A.P.P.138. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 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, 342, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Petitioner Shiv Shankar Kumar @ Shiv Shankar Kuwar is said to be order-giver. Petitioner Rakesh Kumar is alleged to have fired in the sky. Petitioner Mithilesh Kumar and others allegedly caused injury on the non-vital part of the body of the informant. Land dispute is reason for the occurrence.

Patna High Court Cr.Misc. No.44559 of 2017 (2) dt.19-09-2017 Learned counsel for the informant opposed the prayer for bail.

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 bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Muzaffarpur /successor Court in connection with Sahebganj P.S.Case No.135 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T