Hariom Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66267 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- PIPRA District- Supaul ====================================================== 1.
HARIOM KUMAR S/O- SHYAM SUNDAR MANDAL RESIDENT OF VILLAGE AMAHA WARD NO 05, POLICE STATION- PIPRA,, SUPAUL 2.
INDRAJEET KUMAR SON OF SHYAM SUNDAR MANDAL RESIDENT OF VILLAGE AMAHA WARD NO 05, POLICE STATIONPIPRA,, SUPAUL ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341 , 342, 323 , 307, 324 , 354(B), 379 and 34 of the Indian Penal Code.
3. As per the prosecution case, petitioner No. 1 assaulted on the left hand of the mother of the informant by
Patna High Court CR. MISC. No.66267 of 2023(2) dt.18-10-2023 2/3 means of iron rod and petitioner No. 2 assaulted on the head of the mother of the informant by means of Hockey stick due to which she sustained injury .
4. Learned counsel for the petitioner submits that injury caused by petitioner No. 2 is simple in nature .
5. However, learned counsel for the State opposes the bail petition of the petitioner and submits that injury caused by petitioner No. 1 is grievous in nature .
6. Considering the fact that injury caused by petitioner No. 2 is simple in nature and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No. 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VIth, Suapul, in connection with Pipra P.S. case No. 379 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
7. Since the injury caused by petitioner No. 1 is found to be grievous in nature , as such , prayer for pre-arrest
Patna High Court CR. MISC. No.66267 of 2023(2) dt.18-10-2023 3/3 bail of the petitioner No. 1is rejected.
(Prabhat Kumar Singh, J) Koushik/- U T