Patna High CourtCR. MISC./6716/2017bail granted

Mithilesh Kumar @ Mithilesh Swarnakar v. The State Of Bihar

2017-02-22Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6716 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -KARJAIN District- SUPAUL ====================================================== Mithilesh Kumar @ Mithilesh Swarnakar, Son of Kameshwer Swarnakar, resident of village- Manshapur, Police Station- Karjian, District- Supaul. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Karjian P.S.Case No. 93/2016 for the offences punishable under sections 323, 324, 307, 379, 341, 504, 506/34 of the Indian Penal Code. The allegation in brief is that the accused persons assaulted the informant and his uncle in the temple premises. The specific allegation is that Dilip Swarnakar assaulted the uncle of the informant Shiv Narayan Swarnakar by giving a hammer blow over his head and another accused Vikki Kumar Swarnakar threw a piece of brick over the head of Basant Kumar Soni, as a result of which he became injured. The accused persons also committed theft.

Submission is that there is no specific allegation of assault against this petitioner. The injury caused to Shiv Narayan

Patna High Court Cr.Misc. No.6716 of 2017 (2) dt.22-02-2017 Swarnakar is attributed to Dilip Swarnakar. There is a case and counter case between both sides and the petitioner has no criminal antecedent.

Having considered the said facts and circumstances, the petitioner Mithilesh Kumar @ Mithilesh Swarnakar, in the event of his arrest or surrender before the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Birpur, Supaul in Karjain P.S.Case No. 93/2016, subject to the conditions as laid down under section 438(2) Cr.P.C. (Arun Kumar, J) Surendra/- U