Patna High CourtCR. MISC./2231/2016bail granted

Krishna Kumar And ORS v. The State Of Bihar

2016-01-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2231 of 2016 Arising Out of PS.Case No. -223 Year- 2015 Thana -NAWANGAR District- BUXAR ======================================================

1. Krishna Kumar, Son of Chulhan Pasi

2. Anil Kumar

3. Santosh Kumar

4. Bhuali Kumar

5. Buchun Pasi @ Buchun Kumar All are Sons of Bihari Pasi

6. Manji Pasi, Son of Baduri Pasi

7. Kashinath Singh, Son of Jagadama Singh All are residents of Village : - Nawanagar, P.S. : - Nawanagar, District : - Buxar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Nawanagar P.S. Case No. 223 of 2015 registered under Sections 147, 148, 448, 323, 307, 379, 354, 506 & 504 of the Indian Penal Code.

It is contended that previously, one Shivji Pasi,

Patna High Court Cr.Misc. No.2231 of 2016 (2) dt.18-01-2016 2 / 2 cousin of petitioners No. 2 to 5 had lodged Buxar Mahila P.S. Case No. 40 of 2015 dated 18.11.2015 for the offences under Sections 341, 342, 323, 328, 307, 376, 120-B of the Indian Penal Code as also Section 3(1)(xi)(xii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the informant and others and in retaliation to that the present case has been instituted. It is further contended that the injured members of the prosecution party have sustained only simple and superficial injuries.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No. 223 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T