Dhananjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51051 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dhananjay Kumar, S/o Birendra Kumar Gupta

2. Rajan Kumar S/o Birendra Kumar Gupta Both resident of VillageKeshariya (Deviganj), P.S.- Kesharaiya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 406, 341, 323, 324, 307, 379 and other sections of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the allegation against petitioner no.1 is that he stabbed the informant with a knife and petitioner no.2 assaulted the father of the informant by sword. However, it clearly shows from the injury report that the injuries are hard and blunt substance and no incised injury was found on the person of the informant and the father of the informant. It has further been submitted on behalf of the

Patna High Court Cr.Misc. No.51051 of 2016 (3) dt.19-12-2016 petitioners that the co-accused having similar allegation, have been granted anticipatory bail by this Court by order dated 5.11.2015 in Cr.Misc.No. 48046 of 2015.

Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and in view of the fact stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Keshariya P.S. Case No. 180 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioners will cooperate with the investigation of the case as and when required by the police.

(Vinod Kumar Sinha, J) A.I./- U