Mukesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9783 of 2017 Arising Out of PS.Case No. -294 Year- 2016 Thana -BIRPUR District- SUPAUL ======================================================

1. Mukesh Kumar son of Jageshwar Yadav @ Jageshwar Sipaliya

2. Firkee Sumit Son of Yogi Yadav @ Yogi Sipaliya

3. Rameshwar Punsi Yadav @ Rameshwar Yadav @ Rameshwar Sipaliyan Son of Fudilal Sipaliya @ Fudi Lal Yadav

4. Sunil Baharkher @ Sunil Kumar Son of Kameshwar Yadav @ Kameshwar Baharkher @ Kamleshwari Baharkher

5. Kameshwar Yadav @ Kameshwar Baharkher Son of Dukhan Yadav @ Dukhan Baharkher All are residents of Bhawanipur, P.S. Birpur, Dist - Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Birpur P.S. Case No. 294 of 2016 registered under Sections 147,149,341,323,325,307,504 and 302 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in the present case. There is no specific allegation against them in the F.I.R. From perusal of paragraph nos. 3,4,5,10 and 11 of the case diary it appears that the Specific allegation is

Patna High Court Cr.Misc. No.9783 of 2017 (3) dt.28-03-2017 2/2 against one Kishun Yadav. Also the post- mortem report shows only one injury sustained by the victim.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of 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 the learned Additional Chief Judicial Magistrate, Birpur Supaul in connection with Birpur P.S. Case No. 294 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Prakash/- U T