Birendra Goshwami @ Biren And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11263 of 2017 Arising Out of PS.Case No. -359 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Birendra Goshwami @ Biren, S/o Late Sahdeo Goshwami,

2. Dip Narayan Goshwami, S/o Late Ayodhya Goshwami, both are resident of Village- Suggi, P.S. and District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-04-2017 Heard both sides.

The petitioners apprehend their arrest in Jamui P.S. case No. 359 of 2016 under Section 307 and other Sections of the Indian Penal Code.

Kundan Kumar, the grand son of the informant, exploded crackers in front of the house of Dip Narayan Goshwami. Dip Narayan Goshwami, petitioner No.2, assaulted Kundan Kumar with fists and slaps. Kishore Thakur, son of the informant, went to save his son, Kundan Kumar. Sumant Goshwami assaulted Kishore Thakur with Lathi. Birendra Goshwami, petitioner No.1, came with sword and Sumant Goshwami took sword from petitioner No.1 and assaulted Kishore

Patna High Court Cr.Misc. No.11263 of 2017 (2) dt.03-04-2017 2/2 Thakur. Sumant Goshwami is also alleged to have assaulted the informant with sword.

The learned counsel for the petitioners submits that petitioners are not the assailants of Kishore Thakur, who got grievous injuries. There is counter version.

Considering the facts that petitioners are not the assailants of the injured, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in Jamui P.S. Case No. 359 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T