Raju Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1871 of 2016 Arising Out of PS.Case No. -108 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Raju Kumar Son of Deo Nandan Rai

2. Sonu Rai@Sonu Kumar Son of Amod Rai Both Resident of VillageBagmali Near Jagdamba Asthan , P.s Hajipur town, District Vaishali at Hajipur (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Ram Sumiran Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 506 of the Indian Penal Code.

The prosecution case is that on 07.02.2015 at 10:00 A.M the informant was sitting at the Grocery shop along with his younger brother Dilip Sah when 8-10 persons came and started talking to assault someone. On protest being made by the brother of the informant the accused persons threatened and returned. Thereafter, at 4:00 P.M on the same day the accused persons came at the shop of the informant when co-accused Abhishek Kumar fired from pistol causing injury over the right shoulder and chin of the brother of the informant Dilip Sah. It is alleged against petitioner No. 1 Raju

Patna High Court Cr.Misc. No.1871 of 2016 (2) dt.15-01-2016 2/2 Kumar that he took out Rs. 21,000/- from the cash box of the shop of the informant when petitioner No. 2 Sonu Rai @ Sonu Kumar gave iron rod blow over the right finger of the informant. It is submitted by learned counsel for the petitioners that injury report reflects three injuries by fire arm which is alleged against co-accused Abhishek Kumar, whereas other injury is lacerated on the eyebrow, skin deep, simple in nature when no injury has been caused to the informant. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Considering the fact that accusation of causing grievous injury is against co-accused Abhishek Kumar, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 108 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.