Upendra Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17073 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -PATNA CITY CHOWK District- PATNA ======================================================
1. Upendra Singh
2. Mantu Kumar@ Monu Kumar Both Sons of Krishna Singh Both Resident of Kaumashitoh , P.S. Chowk, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Chowk P.S. Case No. 22 of 2018 for the offences punishable under sections 341, 323, 504, 307, 379 and 34 of the I.P.C.
Allegedly, when the informant with his younger brother was going to shop on motorcycle then the brother of Upendra Singh came starting motorcycle rashly and dashed the motorcycle of the informant and when the informant asked he started abusing and assaulting but on arrival of nearby persons the matter was pacified. However, again the petitioners and 4-5 persons came and started abusing and assaulting. The petitioner no.1 assaulted brother of the informant with iron rod which caused
Patna High Court Cr.Misc. No.17073 of 2018 (2) dt.06-04-2018 2/2 injury on his eye and others started assaulting with hockey and rod causing injuries to both brothers and in the meantime the petitioners snatched gold chain and took out Rs. 4500/- from the pocket.
Submission is of false implication and that the injury received by brother of the informant is simple in nature caused by hard and blunt object which is lacerated wound 1⁄2"x 1⁄4"x 1⁄4" above right eyebrow which was caused accidentally, no offence under section 307 of the I.P.C is made out and the allegation under section 379 of the I.P.C. is super addition and ornamental and as such the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that Ajay Kumar Soni has received one simple injury.
In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M-II, PatnaCity, Patna in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T