Rohit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62387 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -AMARPUR District- BANKA ======================================================

1. Rohit Kumar, son of Kitabi Mandal.

2. Mukesh Mandal, son of Hisabi Mandal.

3. Hisabi Mandal, son of Late Bhutaki Mandal.

4. Santosh Kumar, son of Hisabi Mandal.

5. Dilkhus Kumar, son of Kitabi Mandal, All Resident of VillagePremchak, P.S. Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 307, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons assaulted the father, the mother and the brother of the informant with sword and iron rod, as a result of which, all of them sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.62387 of 2018 (2) dt.11-10-2018 of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation of assault is alleged against the petitioners. Altogether 10 persons are said to have assaulted the informant and his family members. From perusal of the injury report, it appears that there is only one injury on the side of the informant. The injury report does not support the allegation made in the FIR.

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 Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 37 of 2018, 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

Patna High Court Cr.Misc. No.62387 of 2018 (2) dt.11-10-2018