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Patna High CourtCR. MISC./19456/2017rejected

Ravi Kumar And ORS v. The State Of Bihar

2017-08-10Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19456 of 2017 Arising Out of PS.Case No. -315 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Ravi Kumar, son of Akhilesh Bhagat,

2. Satendra Kumar, son of Umesh Bhagat,

3. Jagnarayan Sharma @ Jagga Sharma, son of Baleshwar Sharma, All resident of Village- Nava Nagar, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kunal Tiwary For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners as well as Sri M. Dayal, learned Additional P.P. for the State. The petitioners apprehend their arrest in Bidupur P.S. Case No. 315/2016, registered under Section 307 and other Sections of the Indian Penal Code.

On going through the F.I.R., it appears that specific allegation of assault, on the informant and two other witnesses, has been assigned to the petitioners.

Learned counsel for the petitioners submits that out of business rivalry, the present case has been lodged with concocted allegation two days' after the occurrence. Some of the injuries found on the injured were simple in nature. The petitioners

Patna High Court Cr.Misc. No.19456 of 2017 (4) dt.10-08-2017 2/2 have clean antecedent.

Mr. Dayal, learned Additional P.P. conversely states that there is specific allegation of assaulting the informant and two witnesses on their vital parts attributed to the petitioners. Considering the facts aforesaid, the prayer for bail of the petitioners is rejected.

If the petitioners surrender before the court below and pray for regular bail, their prayer shall be considered on its own merit in accordance with law.

(Kishore Kumar Mandal, J.) Rakhi U T