Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34940 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Suraj Kumar (Male), aged about 20 years 2.

Rakesh Sah @ Rakesh Kumar (Male), aged about 24 years, both sons of Mahesh Sah, Resident of Village-Madhurapur, P.S.-Bajpatti, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bajpatti P.S. Case No. 42 of 2019 registered for the offences punishable under Sections 341, 323, 379, 307/34 of the Indian Penal Code.

The prosecution case is that the informant Gaurav Raj has submitted his witten report before the Incharge of Bajpatti Police Station on 02.02.2019 alleging therein that on 01.02.2019, he went to Punaura Dham in marriage where the quarrel was taken place in between Rishek and Suraj Kumar (petitioner no.1) in which he intervened but Suraj Kumar understood that the informant made assault after meeting with Rishek. It is further alleged that the said

Patna High Court CR. MISC. No.34940 of 2019(3) dt.07-08-2019 2/2 matter on 02.02.2019, Suraj Kumar having armed with knife, Rakesh Sah and Sanjit Kumar came at his shop and with an intention to kill her Suraj Kumar gave knife blow as a result of which he received two cut injury on his head and blood was oozing, but at that time, Suraj Kumar fled away after taking the cash of Rs. 30,000/- from the cash box of the shop.

Learned counsel for the petitioners has submitted that there is case and counter case. The injury report vide Annexures 1, 2 and 4 of the bail petition shows that the injuries are simple in nature and injury report of petitioner nos. 1 and 2 is also simple in nature. In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six 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 Sub Divisional Juduicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 42 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T