Balwant Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34027 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- OBRA District- Aurangabad ======================================================
1. Balwant Kumar, S/o Awadhesh Singh,
2. Dablu Kumar @ Dablu Singh, S/o Surya Dev Singh,
3. Awadhesh Singh, S/o Late Shiv Lochan Singh, All R/o Vill.- Koraipur, P.S.- Obra, District- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lal Bahadur Singh For the Opposite Party/s :
Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Obra P.S. Case No. 10 of 2018 dated 09.01.2018 instituted for the offences under Sections 307 and 34 of the Indian Penal Code. One Deepak Kumar, a co-accused, is alleged to have fired at the informant leading to injuries to him. The aforesaid assault was on the orders of petitioner no. 3.
Learned counsel for the petitioners has submitted that petitioners no. 1 and 2 are not alleged to have done anything except being the members of the mob.
On the contrary, learned counsel for the petitioner has submitted that at the instance of aforesaid
Patna High Court Cr.Misc. No.34027 of 2018(3) dt.19-07-2018 2/2 Deepak Kumar, a case vide Obra P. S. Case No. 15 of 2018 has been lodged against the informant and others. In the aforesaid counter case, some of the accused persons have been granted anticipatory bail. The investigation papers of this case does not contain the injury report of the informant.
Regard being had to the aforesaid facts, as also taking into account that the petitioners no. 1 and 2 have clean antecedent and petitioner no. 3 is only an accused in one case and that also for minor offences, the petitioners above-named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Obra P.S. Case No. 10 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U T