Mukesh Kumarand ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19177 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -SAHPUR District- PATNA ======================================================

1. Mukesh Kumar, Son of Bhakchan Rai,

2. Karan Rai,

3. Pepsi Ray @ Papsi Rai, Both sons of Lalji Rai, All resident of VillageChandmari, P.S.- Shahpur, District- Patna. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Ms. Usha Kumari Singh For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 04 of 2018 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

There is general allegation against these petitioners that they assaulted the informant by means of lathi and danda. Annexure-2 to this petition goes to show that informant sustained three injuries which are simple in nature said to be caused by hard and blunt substance. There is counter case also and co-accused, Vijendra Rai claimed that informant and his supporters assaulted

Patna High Court Cr.Misc. No.19177 of 2018 (2) dt.05-04-2018 2/2 him on the alleged date of occurrence for which he lodged Shahpur P.S. Case No. 03 of 2018.

It is submitted that injuries found on the person of the informant are attributed to son of Vijendra Rai and moreover, there was land dispute between the parties. It is also submitted that in the present case, except Sections 307, 324 and 379 of the Indian Penal Code, almost all the sections are bailable in nature and so far as Section 379 of the Indian Penal Code is concerned, the same appears to be super addition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the nature of allegation, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released 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 Additional Chief Judicial Magistrate-I, Danapur (Patna) in Shahpur P.S. Case No. 04 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T