Sanny Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49088 of 2014 Arising Out of PS.Case No. -575 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Sanny Kumar

2. Bikram Kumar, both sons of Sri Gaya Pd. Sah, Resident of Mohalla - Takichak, P.S. - Habibpur, District - Bhagalpur.

3. Guddu Kumar, S/o Sarjun Sah, Resident of Mohalla - Madnuchak, Mirjanhat, Police Station - Babarganj (Mojahdipur), District - Bhagalpur.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Shyam Kishor Das, Advocate For the Opposite Party : Ms. Gulnar Begam, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Kotwali P.S. Case No.575 of 2014 for allegedly having committed the offences under Sections 447, 341, 323, 379, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that in fact, this case has been filed by the informant as a counterblast to the case filed by petitioner no.1 on 15.8.2014, bearing Bhagalpur Kotwali P.S. Case No.555 of 2014, under Sections 341, 342, 323 and 308/34 of the Indian Penal Code. Learned counsel for the petitioners further submits that the informant

Patna High Court Cr.Misc. No.49088 of 2014 (2) dt.19-05-2015 2/2 with the help of his staff had confined petitioner no.1 Sanny Kumar in his shop and had falsely alleged that some jewellery have been stolen by him. They also brutally assaulted petitioner no.1, for which petitioner no.1 had lodged a case on 15.8.2014 itself. As a retaliation to the said case, on 23.8.2014, the present case has been filed by the present informant, bearing Bhagalpur Sadar Kotwali P.S. Case No.575 of 2014.

Considering the nature of the allegations and also the fact that the petitioners have no criminal antecedents, let all the three above named petitioners, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali P.S. Case No.575 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T