Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63162 of 2021 Arising Out of PS. Case No.-167 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

AMIT KUMAR Son of Jay Kishor Sah @ Jay Kishor Prasad Resident of Village- Navtolia, P.S.- Choutham, District- Khagaria. 2.

Brajesh Kumar Son of Jay Kishor Sah @ Jay Kishor Prasad Resident of Village- Navtolia, P.S.- Choutham, District- Khagaria. 3.

Nitish Kumar Son of Jay Kishor Sah @ Jay Kishor Prasad Resident of Village- Navtolia, P.S.- Choutham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 509, 307 and 354/34 of the Indian Penal Code, registered in connection with Choutham P.S.Case No. 167 of 2021.

As per allegation, the petitioner misbehaved with the informant as well as with his aunt. The specific allegation

Patna High Court CR. MISC. No.63162 of 2021(2) dt.19-07-2022 2/3 against petitioner no.1 is that he assaulted Angad Kumar on his head with iron rod. The petitioners also assaulted Ramesh Sah, Vikash Sah and Bechasn Singh, who came to rescue them. The learned counsel for the petitioners has submitted that they are persons of clean antecedents. There is case and counter case and the injuries suffered by the injured persons are simple in nature. He has submitted further that the land dispute is going on between the parties and proceedings under Sections 107 as well as Section 144 of the Cr.P.C. were also going on between the parties.

Considering the above facts and circumstances as well as the clean antecedents of the petitioners, let them abovenamed, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on 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 Alka Roy, Judicial Magistrate 1st Class, Khagaria in connection with Choutham P.S.Case No. 167 of 2021 (G.R.No. 2574 of 2021), subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided

Patna High Court CR. MISC. No.63162 of 2021(2) dt.19-07-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T