Vikash Kumar @ Karoo And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33462 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================

1. Vikash Kumar @ Karoo, Son of Binod Pandit,

2. Jawahir Pandit @ Jawahir Prasad Singh, Son of Late Sampat Pandit.

3. Binod Pandit, Son of Jawahir Pandit @ Jawahir Prasad Singh, All are Resident of Village- Islamchak, P.S.- Kako in the District of Jahanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/149/323/341/504/307 of the Indian Penal Code. Petitioner Vikash Kumar @ Karoo allegedly caused injury at the head of the father of the informant. Petitioner Binod Pandit allegedly caused head injury to the informant of this case. Petitioner Jawahir Pandit @ Jawahir Prasad Singh allegedly assaulted to the mother of the informant.

Submission of the learned counsel for the petitioners

Patna High Court Cr.Misc. No.33462 of 2017 (3) dt.19-08-2017 P3/ is that simple head injury have been found on the person of the injured caused by hard and blunt substance. There is land dispute between the parties. There is case and counter case also. In the counter case some of the accused persons have been allowed anticipatory bail by different coordinate Benches of this Court. The perusal of the F.I.R. of the counter case reveals that there is no allegation of commission of injury at the head of any of the injured by lathi etc.

Considering the fact that petitioners Vikash Kumar @ Karoo and Binod Pandit had knowledge that their act might cause death, I am not inclined to grant anticipatory bail to them. Hence, the prayer for anticipatory bail is refused.

However, let petitioner, Jawahir Pandit @ Jawahir Prasad Singh, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Mr. R.K. Rajak, learned Additional Chief Judicial Magistrate, Jehanabad/successor Court in connection with Kako Police Station Case No. 85 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner

Patna High Court Cr.Misc. No.33462 of 2017 (3) dt.19-08-2017 P3/ shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T