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Patna High CourtCR. MISC./38025/2020bail granted

Amit Kumar Singh @ Kumar Yadav v. The State Of Bihar

2021-04-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38025 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- MALI District- Aurangabad ====================================================== 1.

AMIT KUMAR SINGH @ KUMAR YADAV S/o Surya Dayal Singh @ Surya Dayal Yadav @ Suraj Dhyan Singh R/o Village- Baburam Bigha, P.S.- Narari, Kala Khurd, District- Aurangabad 2.

SANOJ KUMAR S/o Umesh Yadav R/o Village- Baburam Bigha, P.S.- Narari, Kala Khurd, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2021 Heard Mr. Krishna Prasad Singh, learned Senior Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mali P.S. Case No. 47 of 2020 dated 15.05.2020 instituted for the offences under Sections 307, 323, 504, 379, 341, 147 and 149 of the Indian Penal Code.

15 persons are said to have assaulted the informant and his cousin by means of lathi, danda and iron rod etc. The informant is also stated to have been divested of his personal belongings including mobile telephone, gold chain and Rs. 20,000/-.

Patna High Court CR. MISC. No.38025 of 2020(2) dt.15-04-2021 2/2 Learned counsel for the petitioners has submitted that they are not known to the informant but somehow the other their names have been taken by the informant in the FIR. The injuries on the informant and his cousin are stated to be simple in nature and is not in consonance with the allegations made in the FIR. During the course of investigation, it has come to light that there was some dispute between the parties on the issue of consuming tawdy.

Considering the aforestated facts and taking into account the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Aurangabad in connection with Mali P.S. Case No. 47 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T