Sanjeev Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68887 of 2018 Arising Out of PS. Case No.-155 Year-2016 Thana- UJIYARPUR District- Samastipur ======================================================

1. Sanjeev Kumar,

2. Sushil Kumar,

3. Sunil Kumar,

4. Rajeev Kumar,

5. Sudhir Kumar, All 1 to 5 are Son of Bhola Prasad Yadav,

6. Bhola Prasad Yadav, S/o Late Bhajjan Rai,

7. Shankar Pd. Yadav, S/o Late Bhajjan Rai, All 1 to 7 are R/o Village- Lohagir, Police Station- Ujiyarpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 354, 307, 504/34 of the Indian Penal Code.

The prosecution case, in brief, in the backdrop of flowing water of Naad of cattle, the dispute arose and in consequence thereof, the petitioners variously armed came at the house of informant and started assaulting her husband. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.68887 of 2018(2) dt.17-12-2018 2/2 allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place due to petty reason. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiarpur P.S. Case No. 155 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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