Boby Kumar @ Amresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39484 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- BARUN District- Aurangabad ====================================================== 1.
BOBY KUMAR @ AMRESH KUMAR Son of Bhola Mahto Resident of Village- Hetampur Sirish, P.S.- Barun, District- Aurangabad (Bihar). 2.
Gautam Kumar Son of Nand Sharma Resident of Village- Sirish tola Bhopatpur, P.S.- Barun, District- Aurangabad (Bihar). ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Leelawati Kumari For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Barun P.S. Case no. 72 of 2020, registered under Sections 341, 323, 325, 326, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 23.04.2020, informant Sushil Kumar Singh was returning, after purchasing grocery materials, in the way, both the petitioners along with 3-4 unknown started to cause assault through Lathi, Stick, Rod etc. due to which he sustained injury and became
Patna High Court CR. MISC. No.39484 of 2020(2) dt.16-07-2021 2/2 unconscious. After some time, he called his family members through mobile then he was rushed to Barun P.H.C. Learned counsel for the petitioners submits that both the petitioners are resident of Hetampur Sirish, neighbouring village of the informant and at the time of playing, some hot talk exchanged in which informant fell down and sustained injury, but, with ulterior motive, both the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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 learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 72 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T