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Patna High CourtCR. MISC./32141/2020bail granted

Arun Kumar @ Arun Kumar Dutta v. The State Of Bihar

2021-03-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32141 of 2020 Arising Out of PS. Case No.-178 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

ARUN KUMAR @ ARUN KUMAR DUTTA, Son of Late Ramkeshwar Singh, Resident of Village- Mananpur, P.S. and P.O.- Choti Akaba, DistrictJahanabad 2.

Saket Kumar @ Bablu, Son of Arun Kumar Dutta, Resident of VillageMananpur, P.S. and P.O.- Choti Akaba, District- Jahanabad ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

M/s Ritika Rani & Ritu Raj, Advs.

For the Opposite Party :

Mr. Binod Kumar, APP For the Informant :

Mr. Zainul Abedin, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 02-03-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 27.11.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the state as well as the learned counsel appearing for the informant.

The petitioners seek pre-arrest bail in connection with Ghosi P.S. Case No. 178 of 2020, registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. The accusation is that on 08.05.2020, due to land dispute, six persons named in the first information report, including both the petitioners, having khanti, rod and lathi in their hands, came at the door of the informant, Nandlesh Sharma, and started to cause assault in which he sustained blood oozing injury. When Gaurav Kumar, son of the informant, rushed to save him, he was also assaulted. At that

Patna High Court CR. MISC. No.32141 of 2020(2) dt.02-03-2021 2/2 time Vikas Kumar snatched the gold chain from the neck of Gaurav Kumar, son of the informant.

Submission is that the injuries, as found on the person of Gaurav Kumar, son of the informant, is simple in nature while the injury found on the person of the informant, Nandlesh Sharma, was said to be simple in nature in primary examination, but, later on, supplementary report was submitted on 08.05.2020 shows two incised wounds grievous in nature, but, in Medical Board examination that injury was also found simple in nature.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ghosi P.S. Case No. 178 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jehanabad, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T