Patna High CourtCR. MISC./6505/2017bail granted

Bipin Kumar And ORS v. The State Of Bihar

2017-02-22Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6505 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Bipin Kumar, Son of Kanhaiya Bind,

2. Tuphani Kumar,

3. Kuldip Kumar,

4. Pankaj Kumar, all Son of Parwesh Bind.

5. Birbal Kumar, Son of Ramnath Bind.

6. Dineshwar Kumar, Son of Bechan Bind. All are resident of Village Khudhanu Kala, P.S.- Chenari, District- Rohtas. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in connection with a case registered under Sections 341, 323, 307 and 506/34 of the Indian Penal Code.

Allegation in brief is that all accused persons assaulted the informant when he objected fishing by them in his paddy field. The specific allegation is against Kanhaiya Bind relating to giving lathi blow over the head of the informant causing two injuries.

Submission is that against the petitioners there is no

Patna High Court Cr.Misc. No.6505 of 2017 (2) dt.22-02-2017 2 / 2 specific overt act of assault on the person of the informant. Only specific overt act of assaulting the informant is against Kanhaiya Bind and these petitioners have no criminal antecedent. Having considered the said facts and circumstances and especially in absence of any specific allegation of assault, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, namely, Bipin Kumar, Tuphani Kumar, Kuldip Kumar, Pankaj Kumar, Birbal Kumar and Dineshwar Kumar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-cum-S.J.-III, Sasaram, in connection with Chenari P.S. Case No.175 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arun Kumar, J.) S.Kumar/- U T