Sanni Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49338 of 2017 Arising Out of PS.Case No. -392 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sanni Kumar, S/o Late Kallu Ram,
2. Krishna Ram S/o Late Kallu Ram, Both are R/o Village- Chhawani Dhuriya Mai Asthan Ward No.02, P.S.- Bettiah Muffasil (Manuapul), District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 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 Bettiah Muffasil (Manuapul) P.S. Case No. 392 of 2016 for the offences punishable under sections 341, 323, 308 and 504/34 of the I.P.C. Allegedly, the petitioners and other co-accused were indulged in the trade of illicit liquor which was protested by the informant and then they assaulted with bamboo and iron rod. The father of the informant was also assaulted and the petitioner Sanni
Patna High Court Cr.Misc. No.49338 of 2017 (2) dt.18-10-2017 2/3 Kumar assaulted with bamboo and rod to the mother of the informant. He further took out Rs. 450/-.
Submission is of false implication and that during investigation the petitioners have been given benefit under section 41 of the Cr.P.C but the charge sheet has been submitted under sections 341, 323, 308 and 504/34 of the I.P.C. resulting now the petitioners are apprehending their arrest and further they are apprehending custody after their surrender, the injury caused to Kaushalya Devi, the mother of the informant, is simple in nature caused by hard and blunt object, against petitioner Krishna Ram, there is no specific allegation and as such the petitioners deserve sympathetic consideration, the father of the informant has also received simple injury and further the informant also received simple injury, vide Annexure- 2 series.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances stated above, considering the injury reports, 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 C.J.M,
Patna High Court Cr.Misc. No.49338 of 2017 (2) dt.18-10-2017 3/3 Bettiah, District- West Champaran 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