Patna High CourtCR. MISC./69369/2018dismissed

Pintu Kumar And ORS v. The State Of Bihar

2019-01-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69369 of 2018 Arising Out of PS. Case No.-51 Year-2016 Thana- JANKINAGAR District- Purnia ======================================================

1. Pintu Kumar, son of Chit Narayan Yadav

2. Roushan Kumar, son of Kailash Yadav

3. Pankaj Kumar @ Pankaj Yadav, son of Chit Narayan Yadav

4. Dipak Kumar, son of Bhola Yadav All the residents of village Mirchaibari, Bhitta Tola, P.S.- Janki Nagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 342, 323, 324, 325, 504, 506, 379, 307 and 34 of the Indian Penal Code. The prosecution case, in short, is that the son of the informant while coming from a tractor along with another person then his trailor hit one animal on account of which he was assaulted by the accused persons due to which he sustained injuries.

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.69369 of 2018(3) dt.22-01-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act has been alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. The nature of injury is said to be grievous, hence offence under Section 307 IPC is made out. Considering the same, I am not inclined to grant anticipatory bail to the petitioners. Prayer is rejected. However, if the petitioners surrender in the Court below and pray for bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T