Niranjan Kumar @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80772 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

Niranjan Kumar @ Subodh Kumar, aged about 33 years, Male, Son of Ram Bhawan Singh, Resident of Village- Karmwa Milki, P.S.- Parasbigha, District- Jehanabad.

2.

Ram Bhawan Singh, aged about 73 years, Son of Late Ram Charitar Singh, Resident of Village- Karmwa Milki, P.S.- Parasbigha, District- Jehanabad. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Suresh Singh, Advocate.

For the Opposite Party :

Mr.Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 504, 506 and 307/34 of the IPC.

The prosecution story, in brief, is that on 12.07.2019, the informant was sitting at Charmuhani in front of his house, in the meantime, the petitioners arrived there armed with weapons and assaulted the informant with intention to kill him causing injury on the head and the bleeding started. It is further alleged

Patna High Court CR. MISC. No.80772 of 2019(2) dt.10-12-2019 2/3 that co-accused Anjani assaulted with Khanti on his head with intention to kill him and co-accused Subodh Kumar armed with rifle and the petitioner no. 2 Rambhavan Singh armed with pistol covered the informant and felicitated other accused persons to commit assault. It is further alleged that Suraj Bhusan Singh, father of the informant, came to save him he was also assaulted and thereafter the accused persons fled away and the informant was brought to Sadar Hospital for treatment from where he was referred to P.M.C.H., Patna for treatment. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners.

The petitioners have falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or 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.

Patna High Court CR. MISC. No.80772 of 2019(2) dt.10-12-2019 3/3 the like amount each to the satisfaction of the learned J.M. Ist Class, Jehanabad, in connection with Parasbigha P.S. Case No. 145 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T