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Patna High CourtCR. MISC./42079/2015bail granted

Niranjan Kumar @ Rakesh Kumar @ Niranjan Rai And ANR v. The State Of Bihar

2015-10-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42079 of 2015 Arising Out of PS.Case No. -300 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Niranjan Kumar @ Rakesh Kumar @ Niranjan Rai

2. Balmiki Kumar Both S/o Shri Darbari Rai R/o Bhoodhar Tola (Jamaugi Tola), P.S. Maner, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioners, informant and the State.

The petitioners seek bail in a case instituted under Sections 147, 148, 149, 323, 324, 341, 337 and 307 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioners is that they were members of the mob, who had threatened the informant to kill when informant and other villagers protested for illegal construction of wall on the road.

It has been submitted on behalf of the petitioners that they have got no criminal antecedent. They are in custody since 20.7.2015. There is no allegation of tampering of evidence against the petitioners. There are four versions to the same occurrence in respect to which four F.I.Rs. were instituted, which are Annexures-1, 2,3 and 4 to the petition, for free fighting going on between the mob of 150 people relating to two different villages. Injuries have been caused on both sides and petitioner no. 1 had

Patna High Court Cr.Misc. No.42079 of 2015 (3) dt.15-10-2015 2 / 2 also sustained injury in course of fighting. It is further submitted that among the four F.I.Rs. instituted for the same occurrence, petitioners are made accused only in the present case. In rest of the F.I.Rs. instituted for the same occurrence, petitioners have not been named.

On behalf of the State and the informant, it is submitted that the petitioners are not named in the F.I.R. Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Danapur, Patna, in connection with Maner P.S. Case no. 300 of 2015.

(Sudhir Singh, J) sudip/- U T