Mukesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54696 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- ISUAPUR District- Saran ======================================================

1. Mukesh Kumar, Son of Lakshman Rai,

2. Rajeshwar Rai, Son of Vramdev Rai,

3. Parameshwar Rai, Son of Vramdev Rai, All are resident of Village+Post- Kerwan, Police Station- Isuapur, District- Saran at Chapra.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kumar Yadav For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Isuapur P.S. Case no. 18 of 2018, registered under Sections 147, 341, 323, 324, 307 and 379 of the Indian Penal Code.

The accusation is that on 07.02.2018 at 6.30 P.M., while informant, Ravindra Kumar Rai was collecting milk at Sudha Milk Centre in the meantime, 11 persons named in the F.I.R., including the petitioners, armed with various weapons reached to the informant and started assaulting him. At that time, co-accused Rahul Kumar caused injury to Rishav Kumar, niece of the informant through Dab, but in course of rescue, the

Patna High Court Cr.Misc. No.54696 of 2018(2) dt.10-10-2018 2/3 informant sustained injury through Dab. Thereafter, Rahul Kumar caused injury through fist and slaps. At that time, Surendra Kumar, Chandan Kumar, wife of Surendra Rai and Niranjan Kumar also caused injury at his back in which he sustained fracture injury. At that time, they also snatched golden ring and cash of Rs. 9000/- from the informant. Learned counsel for the petitioner submits that, in fact, petitioners and others had gone to supply milk through the informant and at that time, huge amount was demanded in which hot talks were exchanged between the parties, but with ulterior motive the informant lodged the present case. Although, the petitioners are named in the F.I.R., but no specific overt act has been attributed against the petitioners and the injuries found on the person of the informant and his niece are simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Isuapur P.S.

Patna High Court Cr.Misc. No.54696 of 2018(2) dt.10-10-2018 3/3 Case No. 18 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T