Ashish Kumar @ Ashish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14753 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -GARDANIBAGH District- PATNA ====================================================== ASHISH KUMAR @ ASHISH RAJ Son of Raj Kumar resident of Mohalla - Anishabad Rajdhani Tilkut Shop, P.S. Gardanibagh, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 325, 308, 384 and other allied Sections of the Indian Penal Code.

Petitioner and other F.I.R. named accused are said to have brutally assaulted the informant when informant failed to fulfill the demand of extortion money but submission on behalf of the petitioner is that the informant met an accident as a result whereof one boy sustained injury and the local people assaulted the informant. It is further submitted that the petitioner runs a Tilkut shop and the aforesaid accident had taken place in front of his shop and that is the reason the informant gave the name of the

Patna High Court Cr.Misc. No.14753 of 2016 (2) dt.08-04-2016 2/2 petitioner in the present case. It is further submitted that even if the prosecution story is assumed to be true, then also, the informant sustained simple injury except one, i.e., on his finger and the opinion regarding the aforesaid injury was kept reserved. The criminal antecedent of the petitioner has been given in paragraph-3 of the petition which shows that prior to institution of the present case, only one case had been registered against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar-V, Judicial Magistrate 1st Class, Patna in connection with Gardanibagh P.S. Case No.31 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T