Niraj Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44132 of 2018 Arising Out of PS.Case No. -55 Year- 2015 Thana -RAMPUR CHAURAY District- JEHANABAD ======================================================

1. Niraj Kumar, S/o Brijnandan Yadav @ Brijnandan Singh.

2. Rajnish Kumar, S/o Brijnandan Yadav.

3. Brijnandan Yadav @ Brijnandan Singh, Late Rambaram Yadav, All are resident of Village- Saroati, P.S.- Rampur Chauram, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Rampur Chauram P.S.Case no.55 of 2015 registered for offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner no.1 is of assault by Garas to the informant and also allegation of assault by Garasa to the family members of the informant on head. So far petitioner nos. 2 and 3 are concerned, there is allegation of assault by Farsa and Lathi. It appears from the impugned order that the injury report was not available in the case diary.

Submission of the learned counsel for the petitioner is that the injury report is not available and there is general and omnibus allegation against them.

Patna High Court Cr.Misc. No.44132 of 2018 (2) dt.27-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, so far petitioner no.1 (Niraj Kumar) is concerned, let petitioner no.1 surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

So far petitioner nos. 2 (Rajnish Kumar) and 3 (Brijnandan Yadav @ Brijnandan Singh) are concerned, let petitioner nos.2 and 3 , above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri Arun Kumar, ACJM-I, Arwal in connection with Rampur Chouram P.S.Case No.55 of 2015 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T