Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60102 of 2019 Arising Out of PS. Case No.-328 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.

NITISH KUMAR Son of Ram Pravesh Prasad @ Ram Pravesh Mahto Resident of Village - Sultanpur, P.S.- Hilsa, Distt - Nalanda. 2.

Dharmendra Kumar Son of Ram Pravesh Prasad @ Ram Pravesh Mahto Resident of Village - Sultanpur, P.S.- Hilsa, Distt - Nalanda. 3.

Rajeeb Kumar @ Rajeev Kumar @ Rajeev Prasad Son of Saryug Prasad @ Sarjug Mahto @ Saryu Mahto @ Sarju Mahto Resident of Village - Sultanpur, P.S.- Hilsa, Distt - Nalanda.

4.

Bishundeo Kumar @ Bishnudeo Kumar Son of Birendra Mahto Resident of Village - Sultanpur, P.S.- Hilsa, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad, Adv.

For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2019 Heard both sides.

Petitioners apprehend their arrest in Hilsa P.S. Case No.328 of 2019 registered under Sections 341, 323, 307, 504, 447, 506 and 34 of the Indian Penal Code.

The informant alleged that while he was cleaning the drainage, the petitioners came and assaulted him. When the son of the informant came to save, the accused persons also assaulted him causing blood oozing injury on his head. Learned counsel for the petitioners submits that in fact the occurrence took place due to cleaning of drainage. It was

Patna High Court CR. MISC. No.60102 of 2019(2) dt.15-10-2019 2/2 informant, who had blocked the drainage and for that some altercation took place. From the side of petitioners, Hilsa P.S. Case No.329 of 2019 is registered. It is further submitted that the informant and his son got lacerated wound and abrasion, which are superficial and simple in nature.

Having considered the facts that on account of cleaning of drainage both sides entered into a scuffle and both sides sustained injuries, which are superficial and simple in nature, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Hilsa (Nalanda) in connection with Hilsa P.S. Case No.328 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T