Sonu Kumar @ Sonu Kumar Singh And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.12217 of 2016 (2) dt.16-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12217 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -BHORE District- GOPALGANJ ======================================================

1. Sonu Kumar @ Sonu Kumar Singh S/o Sugriv Singh

2. Sugriv Singh S/o Jai Govind Singh

3. Prince Kumar S/o Shrikant Singh

4. Shrikant Singh S/o Late Jai Govind Singh All R/o Village- Bhorey, P.S.- Bhorey, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code registered in connection with Bhore P.S. Case No. 177 of 2015.

3. It is submitted that the petitioners have been falsely implicated owing to land dispute between the parties. It is further submitted that there is no specific accusation of assault against the petitioner nos. 3 and 4 and the accusation of snatching gold chain and cash attributed is merely ornamental in nature.

4. Considering that there is no specific accusation

Patna High Court Cr.Misc. No.12217 of 2016 (2) dt.16-03-2016 of assault against the petitioner nos. 3 and 4, in the event of the petitioner nos. 3 and 4's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 3 and 4 be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Ashish Mishra, learned Judicial Magistrate, Ist Class, Gopalganj in connection with Bhorey P.S. Case No. 177 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

5. Considering that the petitioner no. 1 is alleged to have assaulted the informant on the head with farsa as also petitioner no. 2 said to have assaulted the informant with bhala which are corroborated by the injury report disclosing incised wound on the scalp and left forearm of the informant, this Court is not inclined to grant privilege of anticipatory bail to the petitioner nos. 1 and 2. The anticipatory bail petition of petitioner nos. 1 and 2 stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T