Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39765 of 2014 Arising Out of PS.Case No. -539 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Prem Kumar Yadav Son of Sarvan Rai Resident of Village - Bangraha, P.S. - Bajpatti, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41675 of 2014 Arising Out of PS.Case No. -539 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Gautam Kumar Son of Vijay Chaudhary Resident of Village - Kashore, P.S.- Kanhauli, District - Sitamarhi .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.39765 of 2014) For the Petitioner/s : Mr. Raja Ram Rai For the Opposite Party/s : Mr. Rita Verma (App) (In Cr.Misc. No.41675 of 2014) For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-01-2015 Cr. Misc. No. 39765 of 2014 and Cr. Misc. No. 41675 of 2014 arise out of Sitamarhi P.S.Case No. 539 of 2014, as such, both the applications have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and the State.

Patna High Court Cr.Misc. No.39765 of 2014 (3) dt.14-01-2015 2/3 The petitioners are in custody for the offences punishable under Sections 341, 323, 448, 307, 353, 504 and 506 of the Indian Penal Code.

It is submitted that the allegation against the petitionerPrem Kumar Yadav is to have abused and assaulted the informant (Sanjay Kumar Alok) with fist and slap and the allegation against petitioner- Gautam Kuamr is to have assaulted him with iron rod which caused injury in the hand.

It is submitted that the main allegation is against Manish Baitha, who is not the petitioner.

Both the petitioners are students studying in the college and petitioner- Prem Kumar Yadav is in custody since 06/07/2014 and petitioner- Gautam Kumar is in custody since 23/07/2014. Considering the facts and circumstances of the case, let the above named petitioners 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 C.J.M., Sitamarhi in Sitamarhi P.S.Cse No. 539 of 2014 with the following conditions:

(1) One of the bailors will be the close relatative of the petitioner.

(2) The petitioner will not indulge in similar or in any

Patna High Court Cr.Misc. No.39765 of 2014 (3) dt.14-01-2015 3/3 other offence.

(3) The petitioner will be well represented in the court.

(4) In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) singh/- U T