Ashok Patel And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19827 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Ashok Patel Son of Raj Nath Patel
2. Vikash Patel Son of Ashok Patel Both are Resident of Village- Orgaon (Nadula), P.S.- Bhagwanpur,District- kaimur (Bhabua). .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Gulnar Begum(App) ========================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.
In this application, the petitioners apprehend their arrest for the offences punishable under Sections 341, 342, 323, 307, 448/34 of the IPC.
Allegedly in the night the petitioners and others came to the Dalan of the informant and assaulted the informant and his brother Bajrangi Singh Yadav badly causing head injury and further snatched gold chain.
Submission is of false implication and that no head injury has been found on the person of Bajrangi Singh Yadav vide
Patna High Court Cr.Misc. No.19827 of 2015 (2) dt.02-07-2015 2/2 Annexure-2 Series. Injuries no. 1 and 2 have been found simple in nature whereas, injury no. 3 after receiving the report of x-ray has been found grievous in nature which is in the left side of back and as such, there is inconsistency in the allegation and the medical evidence.
Learned A.P.P. opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that no head injury has been found on the person of the injured and as such the petitioners in case of their surrender or arrest within two months from the date of receipt or production of a copy of this order they shall be released on bail on execution of bail bond of Rs 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kaimur (Bhahua) in connection with Bhagwanpur P.S. Case No. 22 of 2015 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) sushma/- U T