Suraj Kumar vs The State Of Bihar
2021 Latest Caselaw 328 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 28082 of 2020
     Arising Out of PS. Case No.-12 Year-2020 Thana- KARAMCHAT District- Kaimur (Bhabua)
     ======================================================

1. Suraj Kumar, age about 24 years, Son of Umakant Paswan.

2. Shrikant Kumar, age about 22 years, Male, Son of Umakant Paswan.

3. Ajit Kumar @ Praduman Kumar, age about 19 years, Male, Son of Umakant Paswan.

4. Ajit Kumar, age about 20 years, Male, Son of Rajendra Paswan.

5. Krishna Kumar, age about 25 years, Son of Kamalesh Paswan.

6. Lav Kumar, age about 22 years, Male Son of Kamlesh Paswan.

7. Umakant Paswan, age about 50 years, Male, Son of Sotan Paswan.

8. Rajendra Paswan, age about 46 years, Male, Son of Sotan Paswan, All resident of Village- Nawadih, P.S.- Karamchat, District- Kaimur at Bhabua.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the State : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021

The matter has been heard via video conferencing.

2. Heard Mr. Tribhuwan Narayan, learned counsel for

the petitioners and Dr. Kumar Uday Pratap, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Karamchat PS Case No. 12 of 2020 dated 02.03.2020, instituted Patna High Court CR. MISC. No.28082 of 2020 dt.25-01-2021

under Sections 341, 323, 325, 307, 379, 504/34 of the Indian

Penal Code.

4. The allegation against the petitioners is of assault by

lathi and danda.

5. Learned counsel for the petitioners submitted that

they have been falsely implicated and actually the informant side

was the aggressors as petitioner no. 2 has lodged a case in which

the informant side is accused of assault. It was submitted that the

injuries are not grave and the petitioners have clean antecedent.

6. Learned APP submitted that there is allegation of

assault. However, it is not controverted that the same is general

and omnibus.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Kaimur at Bhabua in

Karamchat PS Case No. 12 of 2020 subject of the conditions laid

down in Section 438 (2) of the Code of Criminal Procedure, 1973.

Further, (i) that one of the bailors shall be a close relative of the Patna High Court CR. MISC. No.28082 of 2020 dt.25-01-2021

petitioners and (ii) that the petitioners and the bailors shall execute

bond with regard to good behaviour of the petitioners. Any

violation of the terms and conditions of the bonds shall lead to

cancellation of their bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar/Anand Kr.

AFR/NAFR U T