Niwash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60369 of 2022 Arising Out of PS. Case No.-226 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Niwash Kumar Son of Ram Nath Yadav Resident of Mahrogauraiya, P.SIslampur, Dist- Nalanda 2.

Ram Nath Yadav @ Ram Nath Singh Son of Late Ram Khelawan Yadav Resident of Mahrogauraiya, P.S- Islampur, Dist- Nalanda 3.

Koshami Devi Wife of Ram Nath Yadav Resident of Mahrogauraiya, P.SIslampur, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Babu, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2023 Heard Mr. Ram Babu, learned counsel appearing on behalf of the petitioners and Mr. Uday Pratap Singh, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 226 of 2020 registered under Sections 341, 323, 504, 506, 307 and 379/34 of the Indian Penal Code.

3. The prosecution story, in brief, is that the parties entered into fierce fight, the petitioners and informant side assaulted each other in which the informant received injury inflicted by petitioner no. 1. The allegation against petitioner no. 2 is that he has assaulted with rod and with respect to petitioner

Patna High Court CR. MISC. No.60369 of 2022(7) dt.15-05-2023 2/3 no. 3 allegation is that she has thrown brick on the informant.

4. Learned counsel appearing on behalf of the petitioners submits that both the parties have assaulted each other and the informant has not made any specific statement in the F.I.R. against the petitioners, that the injury caused to informant that the petitioner no.1 had assaulted on the nose. So far as petitioner nos. 2 and 3 are concerned, no specific allegation has been made against them.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that both the parties entered into fierce fight and in defense petitioners above named are likely to have injured the informant without intention, the petitioners, above named, are directed to be released on anticipatory 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) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-I, Nalanda in connection with Islampur P.S. Case No. 226 of 2020, subject to the condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.60369 of 2022(7) dt.15-05-2023 3/3 the Cr.P.C.

7. The present bail application accordingly, stands disposed of.

(Purnendu Singh, J) Mantreshwar minu/- U T