Shankar Swarnkar @ Shankar Sony And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34160 of 2015 Arising Out of PS.Case No. -130 Year- 2014 Thana -GURUA District- GAYA ======================================================
1. Shankar Swarnkar @ Shankar Sony,
2. Saryu Swarnkar alias Saryug .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,141,323,325,504,307,337 and 338 of the Indian Penal Code.
The basic accusation is that the informant went to the shop of Suresh Prasad Gupta to purchase clothes for covering dead body (Kafan) when some of the accused persons came at the shop and forbade the shop keeper to give such clothes when protest was made by the informant then they assaulted the informant. When Bhimsen Kumar, Brajesh Kuma and Hemant Kumar came to rescue, they were also assaulted.
It is submitted by the learned counsel for the petitioners that only one injury on the finger of the informant has been found
Patna High Court Cr.Misc. No.34160 of 2015 (2) dt.14-08-2015 2/2 to be grievous and other injuries have been found to be simple. There is counter version of the occurrence where the petitioners side also received injuries. The accusation is not specific as accusation of assault is omnibus and general against all 17 FIR named accused persons. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Gurua P.S. Case No.130 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T