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Patna High CourtCR. MISC./56902/2018bail granted

Navin Kumar And ORS v. The State Of Bihar

2018-10-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56902 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- TEKARI District- Gaya ======================================================

1. Navin Kumar S/o Siyaram Sharma

2. Jyoti Sharma @ Jyoti Kumar S/o Chandra Bhushan Sharma

3. Ranjay Sharma S/o Late Bijali @ Satish Sharma All resident of villae Bhori, P.S. Tekari, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 504, 506, 324, 326A, 307, 364, 379 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that while the informant was at his house, he was called and assaulted by the accused persons due to which he sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the

Patna High Court Cr.Misc. No.56902 of 2018(3) dt.31-10-2018 2/2 parties. The case diary does not indicate any injury report in support of the allegations made in the F.I.R. The alleged occurrence is said to have taken place on 18.4.2018 but the case was instituted on 26.4.2018. The delay has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 125/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T