Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28022 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Rajesh Kumar, Son of Shakhichand Chaudhary @ Lakhichand Chaudhary @ Surtarang Chaudhary, Resident of- Giriyak, P.S- Giriyak, Distt- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Giriyak P.S. Case No. 108 of 2016, registered under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code. The accusation is that Dipak Kumar and Darshan Kumar, son and relative of the informant, were selling watermelon at Giriyak market near the bridge at that time petitioner along with his brother Lala Kumar and father Surtaran Choudhary, who were also selling watermelon there, started to abuse due to selling of watermelon by the son of the informant in low price. In that course, petitioner, his brother and father caused injury through Chhura (knife) to son and relative of the informant.

Patna High Court Cr.Misc. No.28022 of 2016 (2) dt.15-07-2016 2/2 Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner to cause injury to son and relative of the informant through knife. Further submission is that, in fact, occurrence took place due to hot talk exchanged between the petitioner and the son of the informant in which the petitioner side also sustained injury regarding which Giriyak P.S. Case No. 109 of 2016, under Section 341, 323, 504/34 of the I.P.C. and Section 3(I),(X) of SC/ST Act was instituted. Further submission is that petitioner having no criminal antecedent is in custody since 09.05.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection with Giriyak P.S. Case No. 108 of 2016. (Rajendra Kumar Mishra, J.) manish/- U T