Sibodh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35978 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================
1. Sibodh Kumar S/o Umesh Yadav
2. Umesh Yadav S/o Hari Yadav Both Resident of village - Barhi Bigha, Police Station - Wazirganj, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302, 323, 341 of the Indian Penal Code. It is alleged that for a petty scuffle on the eve of Holi ten persons including the petitioners came variously armed and started assaulting the uncle of the informant Jagdish Yadav. It is specifically alleged that Dilip Mistri and Kapindra Mistri pierced a pointed rod on the head and right knee of the uncle of the informant and when co-villager Sanjay Yadav came to rescue then he was also assaulted by the accused persons. Subsequently uncle of the informant Jagdish Yadav succumbed to the injuries.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.35978 of 2015 (2) dt.21-08-2015 2/2 petitioners that accusation is omnibus and general, whereas specific accusation of assault is against Dilip Mistri and Kapindra Mistri.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, 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, Gaya in connection with Wazirganj P.S. Case No. 65 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T