Pramod Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46666 of 2014 Arising Out of PS.Case No. -266 Year- 2013 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Pramod Kumar

2. Amod Kumar, Both S/o late Suresh Singh, R/o Vill. Beraunti, P.S. Deepnagar, District - Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Deepnagar P.S. Case No. 266 of 2013 registered under Sections 147, 148, 341, 325 and 307 of the Indian Penal Code. The allegation is that the petitioners along with three others assaulted the informant with fist and slaps and co-accused Ajay tried to strangulate his father by tying rope in the neck and Sudhir Singh gave brick blow on the mouth causing break of his teeth and also petitioner Promod Kumar assaulted with spade on his chest.

Learned counsel appearing on behalf of the petitioners submits that in fact, both the petitioners were not present at the time of occurrence. It is also submitted that they have been implicated in this case, as they are brother of the co-

Patna High Court Cr.Misc. No.46666 of 2014 (4) dt.19-05-2015 2/2 accused persons. Moreover, there is allegation against the petitioners to cause injury through spade and slaps at the chest of the father of the informant but the same was found simple in nature. It is further submitted that the Police after investigation submitted final form exonerating the petitioners and thereafter, learned C.J.M. also took cognizance against the petitioners. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 266 of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T