Patna High CourtCR. MISC./54568/2016bail granted

Manish Kumar And ANR v. The State Of Bihar

2017-01-12Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.54568 of 2016 (2) dt.12-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54568 of 2016 Arising Out of PS.Case No. -349 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Manish Kumar

2. Mukul Kumar Both sons of Sri Shashi Bhushan Prasad, both resident of village Keshopur, P.S. Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

This application is for grant of anticipatory bail in connection with Sakra P.S. Case No.349 of 2015 for the offence under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that there is specific allegation against the other co-accused persons of assault on the informant by 'Khanti' and 'Rod' but against these petitioners there is only allegation of assault on the wife of the informant by 'Lathi and Danda', which will be evident from the F.I.R. itself. It has also been submitted that there is no injury on

Patna High Court Cr.Misc. No.54568 of 2016 (2) dt.12-01-2017 the person of wife of the informant.

Heard learned A.P.P. also, who does not controvert the aforesaid facts.

Having heard both sides. In view of the facts as stated above that there is allegation of assault on the wife of informant by the petitioners and there is land dispute between them from before, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-cum-Sub Judge-IV, Muzaffarpur in connection with Sakra P.S. Case No.349 of 2015 , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) chn/- U