Arvind Kunwar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48482 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Arvind Kunwar, son of Sri Meghu Kunwar,

2. Lakshman Kunwar @ Lakshman Kumar, son of Arvind Kunwar

3. Jhunna Kunwar @ Jhunna Kumar, son of Sri Arvind Kunwar

4. Durgesh Kunwar @ Durgesh Kumar, son of Sri Meghu Kunwar, All residents of village- Maniappa, Police Station- Matihani in the district of Begusarai.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Akhileshwar Pd. Singh, Sr. Advocate For the Opposite Party : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-04-2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in connection with Matihani P.S. Case No. 115/2015 registered for offences punishable under Sections 147, 148, 149, 447, 326, 307 of the Indian Penal Code and 27 Arms Act As per the allegation, petitioners along with others made indiscriminating firing without hitting anybody, however, co-accused Bhushan Kunwar fired upon Ravish Kumar causing injury.

Patna High Court Cr.Misc. No.48482 of 2015 (4) dt.13-04-2016 2/3 It is contended on behalf of the petitioner that it is a case and counter case and petitioners side has also lodged Matihani P.S. case no. 116/2015, from which, it would appear that petitioner no.1 also sustained firearm injury. It is further contended that the antecedent of petitioners is clean and there is no specific allegation regarding injuring anybody in the occurrence.

Learned counsel appearing for the state submits that though the firearm injury has been caused by co-accused Bhushan Kunwar but the allegation is that petitioners and other have also fired without hitting anybody. Having regard to the facts and circumstances of the case, let the petitioners, namely, Arvind Kunwar, Lakshman Kunwar @ Lakshman Kumar, Jhunna Kunwar @ Jhunna Kumar and Durgesh Kunwar @ Durgesh Kumar be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Matihani P.S. Case No. 115/2015, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri Pushpendra

Patna High Court Cr.Misc. No.48482 of 2015 (4) dt.13-04-2016 3/3 Kumar Pandey, Judicial Magistrate Ist Class, Begusarai subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J.) ravi/- U T