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Patna High CourtCR. MISC./11530/2019allowed

Niraj Kumar And ANR v. The State Of Bihar

2019-02-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11530 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Niraj Kumar, Son of Late Umashankar Kunwar, Resident of Village - Saura Ward No. 8, P.S.- Bajpatti, Distt - Sitamarhi. 2.

Chhotu Kumar @ Chotu Singh, Son of Late Umashankar Kunwar, Resident of Village - Saura Ward No. 8, P.S.- Bajpatti, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Bajpatti P.S. Case No. 234 of 2018 for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that allegation against petitioner no.2 is that he has inflicted knife blow on the informant whereas there is no allegation of any overt act against petitioner no.1. He further submits that the injury of the informant is simple in nature and, as such, Section 307 of the I.P.C. is not attracted in the instant case. Considering the fact that the petitioners have got no

Patna High Court CR. MISC. No.11530 of 2019(2) dt.26-02-2019 2/2 criminal antecedent and the investigation in the instant case is complete, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 234 of 2018.

(Anil Kumar Upadhyay, J) uday/- U T