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Patna High CourtCR. MISC./25851/2019bail granted

Rohit Kumar @ Rohit Sahni v. The State Of Bihar

2019-07-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25851 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Rohit Kumar @ Rohit Sahni, Son of Late Sakal Sahni, Resident of Village - Bhagirathpur, P.S.- Kalyanpur, District - Samastipur. 2.

Shubham Kumar @ Shuvam Kumar, Son of Jitendra Chaudhary, Resident of Village - Bhagirathpur, P.S.- Kalyanpur, District - Samastipur. 3.

Shanni Kumar @ Shani Kr. Choudhary, Son of Sujit Chaudhary, Resident of Village - Bhagirathpur, P.S.- Kalyanpur, District - Samastipur. 4.

Akash Kumar, Son of Vinod Chaudhary @ Vinod Kumar Choudhary, Resident of Village - Bhagirathpur, P.S.- Kalyanpur, District - Samastipur. 5.

Raushan Kumar, Son of Ranjit Chaudhary Resident of Village - Bhagirathpur, P.S.- Kalyanpur, District - Samastipur. 6.

Rahul Kumar, Son of Vinod Chaudhary @ Vinod Kumar Choudhary, Resident of Village - Bhagirathpur, P.S.- Kalyanpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Kalyanpur P.S. Case No. 194 of 2018, disclosing offences under Sections 341, 323, 325, 307, 504, 506, 34 of the Indian Penal Code.

Fardbeyan disclosed an allegation against the petitioner and others came variously armed and attacked the informant and assaulted him by lathi, danda and rod, causing injury on his head and one of the accused Rohit Sahni has pistol in his name and threatening the informant which is also alleged

Patna High Court CR. MISC. No.25851 of 2019(3) dt.03-07-2019 2/2 that his cousin brother Ramjanam Choudhary was also assaulted and thereafter, they have taken to hospital.

Submission of the learned counsel for the petitioners is that the F.I.R. itself shows that there is enmity between the parties and further no specific allegation has been attributed against any of the petitioners.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that the opinion of one of the injury of Ramjanam Choudhary has been kept reserved. Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur P.S. Case No. 194 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T