Patna High CourtCR. MISC./33057/2018partly allowed disposal

Deepak Kumar And ANR v. The State Of Bihar

2018-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33057 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -MANSI District- KHAGARIA ======================================================

1. Deepak Kumar

2. Pintu Kumar Both are Sons of Sri Ram Ram @ Sri Ram, Resident of Village- Chak Huseni, Chandrawansi Tola, Police Station- Mansi, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Mansi P.S.Case no.40 of 2018 , registered for offences punishable under Sections 149, 341, 323, 308, 504, 506 of the Indian Penal Code.

Allegation against the petitioner no.1 is of assault by rod to one Sanjeev Kumar and against the petitioner no.2 there is general allegation.

Submission of the learned counsel for the petitioners is that earlier to that the petitioner 1 had lodged a case against the petitioner and so far injury is concerned, all the injuries are simple in nature except one on head.

Patna High Court Cr.Misc. No.33057 of 2018 (3) dt.31-07-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of submission, so far petitioner no.1 (Deepak Kumar) is concerned, let petitioner no.1 surrender before the learned court below within a period of four weeks from the date of receipt of the order which will be considered by him on its own merit and so far petitioner no.2 (Pintu Kumar) is concerned, let the petitioner no.2 in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Mansi P.S.Case No.40 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U R