Murari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9345 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== 1.
MURARI KUMAR S/O RAJ KUMAR PRASAD R/O VILLAGEGOTRAIN,PS-NARDIGANJ, DISTT-NAWADA 2.
BAMBAM KUMAR S/O RAJ KUMAR PRASAD R/O VILLAGEGOTRAIN,PS-NARDIGANJ, DISTT-NAWADA 3.
KAMLESH KUMAR @ MUGAL S/O RAJ KUMAR PRASAD R/O VILLAGE- GOTRAIN,PS-NARDIGANJ, DISTT-NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Nardiganj P.S. Case No. 113 of 2020 instituted for the offence under Sections 323, 308, 354 and 34 of the Indian Penal Code.
While the informant and his niece were drawing water from the hand-pump, an occurrence is said to have taken place in which all the petitioners have participated. Three persons are said to have been injured in the
Patna High Court CR. MISC. No.9345 of 2021(2) dt.20-12-2021 2/3 occurrence, all of whom have received simple injuries. Though there is accusation of petitioner no. 1 of holding the hand of the niece of the informant in an undignified manner with bad intent but from the narration of events in the F.I.R., it appears that there was some dispute with respect to use of hand-pump for taking water in the village. The parties are neighours.
Considering the futility of further litigation between the parties, the informant has now chosen not to prosecute the petitioners any further.
There is no gunshot injury to anyone of the victims.
The learned counsel for the petitioners, therefore, has submitted that though the accusation in the F.I.R. have been overly exaggerated but the background facts indicate that the dispute lies somewhere else.
For the reasons afore-stated, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production
Patna High Court CR. MISC. No.9345 of 2021(2) dt.20-12-2021 3/3 of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Classs, Nawada, in connection with Nardiganj P.S. Case No. 113 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T