Sohan Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28096 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Sohan Kumar, Son of Amrish Mahto,
2. Toni Kumar, Son of Sant Shailendra Das,
3. Gunjan Kumar, Son of Sunil Kumar,
4. Siddarth Kumar, Son of Dr. Shivajee,
5. Dewakar Kumar, Son of Subodh Prasad, All Resident of Village- Asha Nagar, P.S.- Soh Sarai, District- Nalanda.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Pranav Kumar Jha, Advocate. For the Opposite Party : Mr. Mustaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Soh Sarai P.S. Case No. 58 of 2017 for the offences instituted under Sections 147, 149, 341, 323, 307, 379 and 504 of the IPC.
The prosecution story, in brief, is that on 07.04.2017 at about 7.30 P.M., all the accused persons including the petitioners came with deadly weapons assaulting one Akash Kumar and on seeing the same, one Ravi @ Gaurav and Sachin @ Chhotu went to pacify the dispute who were also assaulted by accused persons
Patna High Court Cr.Misc. No.28096 of 2017 (2) dt.06-07-2017 2/3 by Iron rod which the aforesaid person alongwith the informant sustained injury and as much as the accused person snatched the golden chain thereafter the injured went to Sadar Hospital for treatment, from where they were referred for better treatment. The reason for the dispute was between the children on 06.04.2017. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. The alleged occurrence is said to have taken place during the election of Nagar Parishad between two political parties. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Soh Sarai P.S. Case No. 58/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., VII, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the
Patna High Court Cr.Misc. No.28096 of 2017 (2) dt.06-07-2017 3/3 Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T