Krishna Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73104 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- PATAHI District- East Champaran ====================================================== 1.

Krishna Bihari Singh, S/o Shambhu Sharan Singh R/o village- Patahi, P.S.- Patahi, District- East Champaran 2.

Chunnu Kumar Singh @ Chunu Kumar Singh S/o Sadhusaran Singh R/o village- Patahi, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Patahi P.S. Case no. 274 of 2019, registered under Sections 341, 323, 324, 325 and 307/34 of the Indian Penal Code.

The accusation is that four persons named in the F.I.R., including the petitioners, called the informant Santosh Kumar at their door for Panchayati, but in presence of the Panches they caused assault at his head through lathi and pelting bricks, at that time, Uttam Kumar and Khushi Kumari assaulted informant's nephew Ashutosh Kumar by means of knife.

Patna High Court CR. MISC. No.73104 of 2019(2) dt.19-11-2019 2/2 Learned counsel for the petitioners submits that it would appear from the F.I.R. that specific allegation against the petitioners to cause head injury to the informant, but the injury as found on the person of informant is simple in nature. The injury sustained by nephew of the informant Ashutosh Kumar is said to be caused by Uttam Kumar and Khushi Kumari. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 8th Addl. Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 274 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T