Manish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44232 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Manish Kumar.

2. Chinku Kumar @ Chiku Kumar @ Chikku Kumar, Both sons of Hare Ram Chaudhary, resident of Village- Diha, P.S. Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Smt. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 29.05.2018 in connection with Sahebpur Kamal P.S. Case No.75 of 2018 registered for the offence under Sections 341, 342, 147, 148, 149, 323, 324, 326, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the allegation against the petitioners is only frivolous and at best, they can be treated to be the members of the group, which had assaulted the father of the informant, which hit on his head, resulting in his becoming unconscious. Learned

Patna High Court Cr.Misc. No.44232 of 2018 (3) dt.28-08-2018 2/2 counsel for the petitioners further submits that as regards the allegation that the petitioners and others have taken out the pistol and fired, the same is purely ornamental as no one had injured nor the father of the informant being found to have any firearm injury. It is further submitted that the present petitioners are students and are of clean antecedents. Diary in the present case was called for, which has since been received.

Learned counsel for the State after perusal of the case diary submits that it is a case of head injury and it appears that the victim was being treated for the same and no firearm injury was found on his person.

In view of such facts and circumstances, let the petitioners, above named, be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Begusarai in connection with Sahebpur Kamal P.S. Case No.75 of 2018. (Anjana Mishra, J) PNM U T