Bharat Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28387 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ======================================================

1. Bharat Bind, son of Late Shivnandan Bind,

2. Chandan Bind, son of Shri Bharat Bind,

3. Ranjan Bind, son of Shri Bharat Bind, All are resident of VillageNaviganj Bind Tola, Police Station- Bhagwan Bazar, District- Saran (Chapra).

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sachida Nand Rai, Advocate. For the Opposite Party : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Bhagwan Bazar P.S. Case No. 157 of 2017 for the offences instituted under Sections 341, 323, 324, 307, 504 and 379/34 of the IPC.

The prosecution story, in brief, is that on 02.05.2017 around 7.00 P.M. when the informant was returning after selling fish, the petitioners on the way intercepted him. The petitioner Bharat Bind caught hold of him and petitioner Ranjan Bind tried to take out money from his pocket. On protest, petitioner Chandan

Patna High Court Cr.Misc. No.28387 of 2017 (2) dt.06-07-2017 2/2 Bind pierced knife on his head and shoulder. Sustaining injury when he fell down, they took out Rs. 5,000/- from his pocket hurling abuses.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The nature of injury is said to be simple. No offence under Section 307 of the IPC is made out in the present case.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhagwan Bazar P.S. Case No. 157/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T