Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45405 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
PANKAJ KUMAR Son of late Ram Pujan Mahato Resident of Village - Mangaidih Mishrawaliya, P.S.- Chapra Muffasil, Distt - Saran (Chapra) 2.
Ajay Kumar @ Ajay Mahato Son of late Ram Pujan Mahato Resident of Village - Mangaidih Mishrawaliya, P.S.- Chapra Muffasil, Distt - Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Chapra Muffasil Police Station Case No.148 of 2019 registered under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.
The accusation is that when Biranjan Kumar, the son of the informant Basmati Devi, had gone to take tea at the tea shop, at that time, due to previous enmity, six persons, named in the F.I.R., including the petitioners came and started to abuse. Thereafter, Pankaj Kumar (petitioner no.1) gave knife blow causing blood oozing injury on the back of the son of the
Patna High Court CR. MISC. No.45405 of 2019(2) dt.23-07-2019 2/3 informant. In that course, Ajay Kumar (petitioner no.2) caused injury on the back of the son of the informant through Daab. When the informant and her daughter, namely, Usha Kumari, rushed to pacify the dispute, then they were also assaulted by them through rod, danda and bricks.
Learned counsel for the petitioners submits that due to some dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioners' side also sustained injury regarding which on the basis of the written report of the co-accused Chunnu Kumar, Chapra Muffasil Police Station Case No.156 of 2019 under Sections 341, 323, 324 and 504/34 of the Indian Penal Code was also instituted. Moreover, the injury as found on the person of the informant, her son and daughter is simple in nature.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra, District-Saran, in connection with Chapra Muffasil Police Station Case No.148 of 2019, subject to the conditions
Patna High Court CR. MISC. No.45405 of 2019(2) dt.23-07-2019 3/3 laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T