Bishwabandhu Sant @ Bambam Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26312 of 2015 Arising Out of PS.Case No. -264 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Bishwabandhu Sant @ Bambam Yadav Son of Late Anarsi Yadav Resident of village - Majlishpur, P.S. Banka, Distt.- Banka

2. Satya Narayan Das Son of Late Chaneshwar Das resident of village - Amba, P.S. Barahat, District - Banka .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code.

It is alleged that petitioner no.1 assaulted with iron rod on the head of the informant, thereafter, on the order of petitioner no.1 petitioner no.2 assaulted on the shoulder of the informant. It is submitted by learned counsel for the petitioners that the injury on the head of the informant has been found to be of marginal size superficial simple in nature, though, the injury on the shoulder has been found to be grievous. A statement has been

Patna High Court Cr.Misc. No.26312 of 2015 (2) dt.20-07-2015 2/2 made in para 3 of the petition that the petitioners have no criminal antecedent.

It is submitted by learned counsel for the informant that the petitioner no.2 caused grievous injury whereas petitioner no.1 also caused injury on the vital part of the informant. Considering the nature of injury caused by petitioner no.1, let him be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Banka P.S. Case No. 264 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

So far as petitioner no.2 is concerned, considering the nature of injury caused by petitioner no.2, this Court is not inclined to interfere.

Let the learned court below consider the prayer for regular bail of the petitioner no.2 if he surrenders within a period of six weeks.

(Dinesh Kumar Singh, J) Amrendra/- U T