Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64530 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== 1.

PINTU KUMAR Son of- Late Suresh Saw Resident of- Matha, P. S.- Arwal, District- Arwal.

2.

Niraj Kumar Son of -Late Suresh Saw Resident of- Matha, P. S.- Arwal, District- Arwal.

3.

Soni Devi @ Sushma Devi Wife of - Pintu Kumar Resident of- Matha, P. S.- Arwal, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Arwal P.S. Case No. 105 of 2019 registered for the offences punishable under Sections 448, 341, 323, 504, 302 and 34 of the Indian Penal Code.

As per FIR the petitioners and six other co-accused persons assaulted the deceased and later on he was taken to hospital where he died.

Submission of learned counsel for the petitioners is that total nine persons alleged to have assaulted the deceased but only two injuries were found on the person of deceased, which will appear from the post mortem report (Annexure-3) and there

Patna High Court CR. MISC. No.64530 of 2019(2) dt.16-10-2019 2/2 was enmity between the parties from before. Further submission is that considering the same two other co-accused persons have been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court by order dated 30.9.2019 passed in Cr.Misc. No. 44473 of 2019.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 105 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T