Ramu Prasad Srivastava @ Pankaj Kumar And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.18463 of 2016 (4) dt.26-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18463 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramu Prasad Srivastava @ Pankaj Kumar, Son of Kameshwar Prasad Srivastava @ Kamleshwar Prasad Srivastava
2. Sanni @ Blade @ Satyam Kumar Son of Ramu Prasad Srivastava @ Pankaj Kumar .
Both Resident of Mohalla - Chatauni, P.S. Chatauni, District-East Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sanjeev Kumar, Advocate. For the State : Mr. Binod Kumar No. 2, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Chatauni P.S. Case No. 52 of 2016 registered under Sections 307/34 of Indian Penal Code as well as Section 27 of the Arms Act.
It is submitted on behalf of the petitioners that allegation against the petitioners is that while the informant was returning home after seeing Saraswati Puja, the petitioners along with others attacked him and also shot fire upon him. It is further submitted that the entire case has been maliciously fabricated only because
Patna High Court Cr.Misc. No.18463 of 2016 (4) dt.26-07-2016 there is a dispute between the tenant of the petitioners and as a matter of fact, the tenant, Dr. B. K. Singh, who is running a clinic in the said premises against whom the father of the petitioner no. 1 has filed Eviction Suit, for which the present case has been filed against these petitioners.
Learned counsel appearing on behalf of the State after receiving the case diary and on perusal of other materials as well as injury report submits that injury in question is simple in nature. Taking into consideration the vague nature of allegation and injury purported to have been inflicted upon the informant, is simple in nature, let the above named petitioners in the event of their arrest/surrender within a period of four weeks from today shall 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 the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Chatauni P.S. Case No. 52 of 2016, subject to condition as laid down under Section 438(2) of Cr.P.C.
(Anjana Mishra, J) m.pal U T