Ashik Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53414 of 2015 Arising Out of PS.Case No. -239 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Ashik Kumar S/o Ram Kumar Singh

2. Dhiraj Kumar @ Bhanu Pratap Singh S/o Suresh Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 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, 148, 149, 323, 379, 324, 342 and 307 of the Indian Penal Code. The prosecution case is that the petitioners assaulted the brother of the informant namely Mithilesh and son Satyavir Kumar with 'farsa'.

It is submitted by learned counsel for the petitioners that the injury has been found to be caused by hard and blunt substance whereas it is alleged that the injury has been caused by sharp cut weapon. There is counter version of the occurrence also. Moreover, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.53414 of 2015 (2) dt.24-11-2015 2/2 It is submitted by learned counsel for the informant that subsequently the injury has been found to be grievous. Considering the fact that accusation is not being corroborated with the medical opinion and the petitioners having no criminal antecedent, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hazipur in connection with Mahua P.S. Case No.239 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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