Laddan Khan And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.6378 of 2016 (2) dt.10-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6378 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Laddan Khan
2. Saddam Khan both sons of late Idrish Khan Resident of village Badi Takiya, P.S. Chainpur, District Kaimur at Bhabua. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code. The prosecution case, in short, is that seven accused persons including the petitioners surrounded the informant while he went out to ease. It is alleged that petitioner No.2 made attempt to assault with Khanti on the head of the informant, as a result of which the informant sustained injury in his hand. Thereafter, petitioner No.1, Laddan Khan, and four unknown persons assaulted the informant with lathi.
It is submitted by learned counsel for the petitioners that the accusation of assault has not been specifically alleged against
Patna High Court Cr.Misc. No.6378 of 2016 (2) dt.10-02-2016 the petitioner no.1 and the bruise injuries of marginal size have been found simple in nature. It is further submitted that the petitioners are agnates of the informant and a statement has been made that the petitioners have got no criminal antecedent. Considering the genesis of occurrence and statement in paragraph No.3 of the petition that petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No.208 of 2015, G.R.2498/2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Dinesh Kumar Singh, J) V.P.Sinha/- U