Biresh Kumar @ Prince @ Prince Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25694 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Biresh Kumar @ Prince @ Prince Kumar son of Mokhtar Singh resident of village - Mashrakh, Paschim Tola, P.S. - Mashrakh, District - Saran.

2. Akash Kumar son of Alok Kumar resident of Mohalla - Muffasil Bazar Samiti, P.S. - Chapra Muffasil, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody since 25.03.2017 in connection with Chapra Town P.S. Case No. 126/17 for offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code.

Allegation is that these petitioners used to supply illegal liquor to the mohalla people and when the informant and others made objection, petitioner no. 1 took out dagger and gave blow on his forehead. When one Vikash Kumar came to his rescue, petitioner no. 2 gave knife blow near his left eye. When Ashish

Patna High Court Cr.Misc. No.25694 of 2017 (4) dt.01-08-2017 2/2 Raj and Ritik Raj came to rescue, they were also assaulted. It has been submitted by the learned counsel for the petitioners that they are innocent and there was an altercation between both the parties for which a counter-case has been lodged by the mother of petitioner no. 2 bearing Chapra Town P.S. Case No. 127/17 for the alleged occurrence on the same day in which petitioners side also received serious injuries. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that the opinion regarding the injuries has been reserved.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail after completion of six months in jail custody on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 126/2017.

(Nilu Agrawal, J) Rajesh/- U T