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Patna High CourtCR. MISC./26323/2019bail granted

Kundan Kumar v. The State Of Bihar

2019-07-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26323 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

Kundan Kumar Son of Jai Kumar Mehta Resident of Village- Hasanpura, P.S.- Shankarpur, District- Madhepura.

2.

Jawahar Mehta Son of Singheshwar Mehta Resident of Village- Hasanpura, P.S.- Shankarpur, District- Madhepura.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Uday Chand Prasad, Advocate For the Opposite Party :

Mr.Yogendra Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners as well as learned counsel for the State and perused the case diary. It is alleged that the petitioners and other accused persons assaulted the informant's brother with lathi, danda and rod and took away a mobile phone and a purse containing some cash.

Learned counsel for the petitioners submits that there is no specific allegation of assault attributed to the petitioners. Petitioners have no criminal antecedent, no incriminating article has been recovered from their possession and the F.I.R. has also been lodged after five days of alleged occurrence due to political rivalry. Learned counsel further submits that on perusal of the case diary it is clear that no one

Patna High Court CR. MISC. No.26323 of 2019(4) dt.17-07-2019 2/2 has seen the occurrence.

In the facts and circumstances of the case, provisional anticipatory bail allowed to both the petitioners by previous order of this Court dated 23.4.2019, in connection with Shankarpur Police Station Case No. 91 of 2018, pending in the court of the Addl. Chief Judicial Magistrate-I, Madhepura, is confirmed with the conditions entailed in the said order. (Prabhat Kumar Singh, J) Shashi U T