Chintu Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34698 of 2015 Arising Out of PS.Case No. -645 Year- 2014 Thana -NAUBATPUR District- PATNA ======================================================
1. Chintu Kumar Son of Sri Gunjan Singh
2. Ajit Kumar Sharma @ Ajit Singh S/o Ram Nath Sharma .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Prasad Singh For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 504, 427, 379 of the Indian Penal Code, 27 of the Arms Act, and 3(1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that accused persons including the petitioners entered into the house of the informant, demolished the shop of the informant by JCB machine. In the meantime, coaccused Dharmjit Kumar and petitioner no.2 opened fire on the son of the informant whereas co-accused Rahul Kumar, Ashutosh Kumar and petitioner no.1 Chintu Kumar took away
Patna High Court Cr.Misc. No.34698 of 2015 (2) dt.17-08-2015 2/2 the articles and Rs.370/- from the shop of the informant. The accused persons abused the informant by calling caste name. It is submitted by learned counsel for the petitioners that there is title suit pending between the petitioners' side and one Suresh Singh, who set up the informant to lodge the case and no injury has been caused to anyone. Moreover, a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
The aforesaid facts constitute ground for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Naubatpur P.S. Case No.645 of 2014, pending before the learned ACJM, Danapur, Patna.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T