Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52852 of 2019 Arising Out of PS. Case No.-701 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Dharmendra Kumar, Son of Mukhdeo Prasad Resident of Village - Bari Tola, P.S.- Muffasil (Bettiah), Distt - West Champaran (Bettiah) 2.

Bintu Raut @ Bittu Raut @ Bintu Kumar Son of Harendra Prasad Resident of Village - Bari Tola, P.S.- Muffasil (Bettiah), Distt - West Champaran (Bettiah) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case no. 701 of 2018, registered under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code.

The accusation is that 11 persons named in the F.I.R., including the petitioners, encircled the informant and started to abuse him. At that time, Manu Kumar gave the spade blow at the head of informant Jahid Alam and others also caused injury to him. When informant fell down on the ground then Vickey Kushwaha with intention to kill started pressing

Patna High Court CR. MISC. No.52852 of 2019(2) dt.23-08-2019 2/2 the neck of informant. On raising alarm, villagers Azaj Alam and others reached there and informant was rushed to M.J.K. Hospital, Bettiah for treatment.

Learned counsel for the petitioners submits that while petitioners are named in the F.I.R. along with nine others, but specific allegation of causing injury to the informant is against Manu Kumar. Further submission is that both the petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran Bettiah in connection with Bettiah Muffasil P.S. Case No. 701 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T