Nilesh @ Karu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38855 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -AMARPUR District- BANKA ======================================================
1. Nilesh @ Karu Singh, son of Barmanand Singh, resident of VillageUttari Tola, Bhikhanpur, P.S.- Amarpur, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,324,326,307 and 302 of the Indian Penal Code.
The prosecution case is that the informant and his relative Chandan Choudhary were going to temple for worship when 13 FIR named accused persons including the petitioners and three - four unknown attacked them. It is alleged that on the order of co accused Kaushlendra Kumar Singh, co accused Ranjan Kumar inflicted injury on the neck of Chandan Kumar Choudhary with sickle, thereafter
Patna High Court Cr.Misc. No.38855 of 2015 (2) dt.30-09-2015 2/3 co accused Suraj Kumar inflicted injury with sickle on the neck of the informant. Subsequently, Chandan succumbed to the injury in the hospital.
It is submitted by the learned counsel for the petitioner that the accusation of assault is not against the petitioner. It is further submitted that Co accused Rakesh Singh and others have been granted anticipatory bail vide Cr. Misc. No. 30488 of 2015 after going through the injury report of the informant and the postmortem report of Chandan where only cut injuries have been found which are alleged to have been caused by co accused Ranjan and Suraj whereas the order giver co accused Kaushlendra has been granted anticipatory bail vide Cr. Msic. No.20982 of 2015. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, 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, Banka in connection with Amarpur P.S. Case No. 91 of 2015
Patna High Court Cr.Misc. No.38855 of 2015 (2) dt.30-09-2015 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T