Bhanu Kumar @ Bhnu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3873 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhanu Kumar @ Bhnu Kumar Son of late Lalbabu Singh resident of Village- Basant Pur, P.s Mufassil, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307,379,504,506 and 448/34 of the Indian Penal Code.
The prosecution case is that on 10.10.2015 the informant's tractor caused injury to the buffalo of the accused Birendra Kunwar when the accused persons including the petitioner surrounded the informant when Birendra inflicted injury with knife on the informant's head. When the son of the informant Sujeet Kumar came to rescue then co accused Shailendra Kunwar assaulted with knife causing injury on the head. It is alleged
Patna High Court Cr.Misc. No.3873 of 2016 (2) dt.27-01-2016 2/2 against the petitioner that he snatched thirty thousand rupees from the informant and committed house tresspass.
It is submitted by the learned counsel for the petitioner that the thrust of accusation of causing injury is against co accused Birendra and Shailendra Kunwar. The petitioner side at earlier point of time filed Motihari Mufassil P.S. Case No. 89 of 2012 against the informant and others. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the fact that the accusation of causing injury is not against the petitioner, let the above named petitioner 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Motihari Mufassil P.S. Case No. 334 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T