Mukesh Kumar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.53326 of 2016 (3) dt.09-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53326 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -PARSABAZAR District- PATNA ======================================================
1. Mukesh Kumar, Son of Binod Saw,
2. Binod Saw, Son of Late Ram Chandra Choudhary,
3. Chhotu Saw @ Chhotu Kumar @ Raju Kumar Jeshwal, Son of late Ram Sagar Chaudhary, All Resident of Village-New Etwarpur, Lalu Path, Police Station-Parsa, District-Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate. For the Opposite Party/s : Mr. Sri Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Parsa Bazar P.S. Case No. 167 of 2016 registered under Sections 143, 341, 323, 324, 379 and 307 of the Indian Penal Code. The accusation is that the informant reached at the Grocery shop of Awadhesh Kumar where petitioner no. 1 was present armed with sword. On seeing informant, petitioner no. 1 called his relatives through mobile, on which, petitioner nos. 2 and 3 and others armed with rod, lathi and danda and Rakesh Kumar armed with pistol came there. On the order of petitioner no. 1,
Patna High Court Cr.Misc. No.53326 of 2016 (3) dt.09-01-2017 accused Rakesh Kumar shot fire at him but the same was missed then, Rakesh Kumar caused injury at the head through butt of pistol and petitioner nos. 2 and 3 also caused injury through rod, lathi and danda and also snatched cash of Rs.10,000/- from his pocket. Learned counsel for the petitioners submits that there is specific allegation against co-accused, Rakesh Kumar, to cause injury at the head of informant through butt of pistol with general allegation against the petitioners and others to cause injury through rod, lathi and danda. Further submission is that petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, 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 J.M. Ist Class, Patna, in connection with Parsa Bazar P.S. Case No. 167 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T