Patna High CourtCR. MISC./5675/2017bail granted

Santosh Kumar And ORS v. The State Of Bihar

2017-02-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5675 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -MADANPURA District- AURANGABAD ======================================================

1. Santosh Kumar S/o Ramsevak Ram

2. Kamlesh Ram @ Pramod Kumar S/o Ramashray Ram

3. Vilash Ram @ Ram Vilash Ram S/o Late Chathu Ram All Resident of Village-Gandhinagar P.S. Madanpur, District-Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in connection with a case registered under Sections 341, 323, 325, 326, 307, 504 and 509/34 of the Indian Penal Code.

Allegation in brief is that the petitioner no.3 had assaulted with axe on the head of the informant and rest two petitioners had assaulted with lathi and danda. It is submitted that there is no specific allegation against the petitioners and there is case and counter case between both sides and there is no corresponding injury by the axe on the head of the informant only his two teeth were broken so opined as

Patna High Court Cr.Misc. No.5675 of 2017 (3) dt.09-02-2017 2/2 grievous injury, but prima facie it is not a case under Section 307 I.P.C. moreover petitioners' side has also lodged case against the informant's side and these petitioners have no criminal antecedent. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, namely, Santosh Kuamr, Kamlesh Ram @ Pramod Kumar and Vilash Ram @ Ram Vilash Ram 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 Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Madanpur P.S. Case No.138 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Arun Kumar, J) N.H./- U T