Krishna Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55800 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- SONBERSA District- Saharsa ======================================================
1. Krishna Kumar, S/o Shri Umesh Gupta
2. Umesh Gupta, S/o Late Biranchi Gupta.
3. Rahul Kumar, S/o Shri Umesh Gupta
4. Santosh Kumar, S/o Shri Umesh Gupta
5. Shatrughna Kumar @ Chotu, S/o Shri Umesh Gupta, All R/o Village + P.S.- Sonbarsa Raj, District- Saharsa. 6.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate.
Mr. Shashikant Amar, Advocate.
For the Opposite Party/s :
Mr. Mukeshwar Dayal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sonbarsa P.S. Case No. 104 of 2018 registered under Sections 341, 323, 406, 504 and 506/34 of the Indian Penal Code.
Petitioner no.1 is said to be the agent of Sahara. On the date of occurrence when petitioner no.1 arrived at the shop of the informant, informant demanded receipt and passbook of the money deposited by him in Sahara at his initiation, but petitioner no.1 did not accord him same rather entered into
Patna High Court Cr.Misc. No.55800 of 2018(2) dt.14-12-2018 2/3 squabbling. In the meantime, petitioner nos. 2 to 5 who happen to be father and brother of petitioner no.1 descended at his shop and abused and assaulted the informant.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in the case. Admittedly petitioner no.1 happens to be agent of Sahara. Informant had deposited Rs.28,650/- in the aforesaid company and petitioner no.1 had already furnished him the receipt, certificate and bond in lieu of the said deposit on 30.12.2017. As a matter of fact, there was some tiff between the parties over petty matter and out of the aforesaid grudge petitioners have been falsely implicated in the case by the informant.
Learned APP for the State opposed the bail petition.
In 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsa P.S. Case No.
Patna High Court Cr.Misc. No.55800 of 2018(2) dt.14-12-2018 3/3 104 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T