Rahul Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31712 of 2015 Arising Out of PS.Case No. -47 Year- 2014 Thana -CHANAN District- LAKHISARAI ======================================================

1. Rahul Kumar son of Indradeo Yadav

2. Pramod Kumar Yadav @ Lara @ Pramod Kumar son of Indradeo Yadav Both are resident of village- Basmatiya, P.S.- Mananpur (Chanan), District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.

Case diary in the present case was called for which has been received.

The petitioners are apprehending their arrest in connection with Chanan P.S. Case No.47 of 2014 registered under sections 341, 323, 325, 337, 302 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that though there is specific allegation of assault on the person of the deceased by both the petitioners, in fact, only one injury has been found on

Patna High Court Cr.Misc. No.31712 of 2015 (3) dt.29-10-2015 2/2 the person of the deceased by means of hard and blunt substance. So far as injury with regard to petitioner no.1 having been caused by brick batting, no such injury has been found. Cause of death, however, has been attributed to the injury caused on the head by petitioner no.2.

Considering the aforementioned facts and circumstances of the case, the prayer for anticipatory bail of petitioner no.2 stands rejected.

However, so far as petitioner no.1, above named, is concerned, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No.47 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Md.S./- U T