Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27934 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- BIKRAM District- Patna ====================================================== 1.

CHANDAN KUMAR Son of Sajindar Singh 2.

Raja @ Raja Kumar Son of Sajindar Singh 3.

Chhotu @ Chhotu Kumar Son of Vijay Singh 4.

Ashutosh Kumar Son of Sri Sanjay Singh @ Sanjay Kumar All are the residents of Barki Baliyari, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2019 Heard both sides.

The petitioners apprehend their arrest in Bikram P.S. Case No.257 of 2018 registered under Section 307 and other Sections of the Indian Penal Code.

The informant, Shivnath Yadav, named five known persons and ten unknown persons in the F.I.R. and alleged that altercation took place on account of drainage, on such, Vijay Singh assaulted him with khanti on his head. When his son Deepak Kumar came to save, Chandan Kumar assaulted him with lathi.

The learned counsel for the petitioners submits that there is a counter version being Bikram P.S. Case No.258 of

Patna High Court CR. MISC. No.27934 of 2019(2) dt.29-04-2019 2/2 2018. The injury report shows that Deepak Kumar, son of Srinath Yadav @ Shivnath Yadav got one bruise and tenderness on left calf and bruise on right upper pipam. Both the injuries are simple in nature. Similarly, Srikant Yadav @ Shivnath Yadav also got injuries which are simple in nature. From the side of the petitioners also, many persons were injured.

Taking into consideration the facts aforesaid and the fact that there is a case and counter case and on account of dispute with regard to flow of drainage both sides entered into scuffle and made assault on each other but the injuries found on the persons of the informant and his son are simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Danapur in connection with Bikram P.S. Case No.257 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T