Surendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52230 of 2016 Arising Out of PS.Case No. -112 Year- 2016 Thana -GOPALPUR District- PATNA ======================================================

1. Surendra Kumar Son of Nand Kishore Kumar

2. Nand Kishore Kumar @ Kishore Prasad, Son of Tilakdeo Prasad Both resident of West Income Tax Colony, P.S Agamkuan Bhutnath Road, District Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gopalpur P.S. Case no. 112 of 2016, registered under Sections 147, 148, 149, 341, 323, 504, 506 and 379 of the Indian Penal Code. The allegation of informant Ravi Tiwari is that on 03.08.2016, he had gone to see his land situated at Jakariyapur Badshahi then he saw that both the petitioners were engaged in illegal construction over the path, which is connecting to his plot, then informant forbade to made construction. In the meantime, petitioner no.1 Surendra Kumar caused injury at his head through the back portion of the spade, whereas petitioner No.2 Nand Kishore Kumar @ Kishore Prasad forcibly pulled him on the ground in which he

Patna High Court Cr.Misc. No.52230 of 2016 (7) dt.29-08-2017 2/2 sustained injury on his forehead. At that time, petitioner No.1 snatched his golden chain worth of Rs. 11,670/-. Thereafter, informant went for treatment at P.M.C.H.

Learned counsel for the petitioners submits that, in fact, the land of the accused-petitioners and the informant are situated adjacent to each other and due to some dispute of the path, the present case has been lodged making false allegation of causing assault and snatching the golden ornament of the informant by the petitioners. 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 four 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 Judicial Magistrate, 1st Class, Patna in connection with Gopalpur P.S. Case No.112 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T