Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1570 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- PIRO District- Bhojpur ====================================================== 1.

Ajay Kumar, Son of Awadh Bihari Singh, Resident of Village - Jamorhi, Police Station - Piro, District - Bhojpur.

2.

Mantu Kumar, Son of Awadh Bihari Singh, Resident of Village - Jamorhi, Police Station - Piro, District - Bhojpur.

3.

Tinku Singh @ Algu Kumar @ Tinku Kumar, Son of Suraj Singh Resident of Village - Jamorhi, Police Station - Piro, District - Bhojpur. 4.

Suraj Singh, Son of Late Ramdas Singh, Resident of Village - Jamorhi, Police Station - Piro, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-09-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the 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 Piro (Hasan Bazar) P.S. Case No. 212 of 2020, registered under Sections 147, 341, 323, 504, 506, 447, 448 and 307 of the Indian Penal Code.

Patna High Court CR. MISC. No.1570 of 2021(2) dt.01-09-2021 2/3 The accusation is that on 09.09.2020, scuffle took place in between the informant, Ram Nath Singh and Ajay Kumar (petitioner no.1), regarding which, informant had gone to the Police Station and lodged the case due to that reason, on 04.09.2020, in the evening, Awadh Bihari Singh, Ajay Kumar (petitioner no.1), Mantu Kumar (petitioner no.2), Bigan Singh, Tinku Singh @ Aglu Singh (petitioner no.3), son of Suraj Singh, Suraj Singh (petitioner no.4) and Tinku Kumar @ Ashish Kumar, son of Ayoudhaya Sigh, having lathi, Garasa and iron rod in their hand reached at the door of the informant and started to cause assault. When his son, Amit Kumar rushed to save him then he was assaulted through iron rod causing injury at his head. Thereafter, when his wife reached there then she was also assaulted by them.

Learned counsel for the petitioners submits that occurrence of Marpit took place due to petty dispute, in which, petitioners' side also sustained injury, regarding which, Piro (Hasan Bazar) P.S. Case No. 213 of 2020 is also instituted on the basis of Fradbeyan of co-accused, Awadh Bihari Singh, father of petitioner nos. 1 and 2. Further submission is that the injuries, as found on the person of the informant, his wife and son, are simple in nature.

Patna High Court CR. MISC. No.1570 of 2021(2) dt.01-09-2021 3/3 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 six 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-V, Bhojpur at Arah, in connection with Piro (Hasan Bazar) P.S. Case No. 212 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T