Shankar Rai, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28959 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

Shankar Rai, Son of Late Munshi Rai, Resident of Village- Darihara Chaturbhuj, P.S.- Dariyapur, District- Saran. 2.

Raju Rai @ Raza Rai, Son of Shankar Rai, Resident of Village- Darihara Chaturbhuj, P.S.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-05-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Dariyapur P.S. Case No. 46 of 2019 for the offence under sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that allegation against this petitioners is demand of extortion on mobile phone.

Learned counsel submits that petitioners would submit that petitioners have no criminal antecedent. Learned counsel for the petitioners would submit that entire prosecution case is false. The informant side has not

Patna High Court CR. MISC. No.28959 of 2019(2) dt.01-05-2019 2/2 sustained any serious injury as such he was not treated at Dariyapur or at PMCH.

The petitioners are in custody since 12.02.2019. Considering the aforesaid, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIVth, Saran, in connection with Dariyapur P.S. Case No. 46 of 2019 subject to the condition that while releasing the petitioners, the court below shall verify the fact as claimed by the petitioners that in the case diary it has come that informant was not treated at health center, Dariyapur and he has not sustained any injury. If the aforesaid submission is found to be incorrect then the petitioners shall not be released by the court below. (Anil Kumar Upadhyay, J) Ravi/- U T