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Patna High CourtCR. MISC./44214/2019bail granted

Rajeev Kumar v. The State Of Bihar

2019-07-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44214 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

RAJEEV KUMAR Son of Awadesh Yadav Resident of Village- Bihta, Police Station- Salimpur, District- Patna.

2.

Ranjan Kumar Son of Awadesh Yadav Resident of Village- Bihta, Police Station- Salimpur, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madan Prasad Singh No.2 For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2019 Heard both sides.

The petitioners apprehend their arrest in Salimpur P.S. case No. 88 of 2019 registered under Section 341, 323, 307, 385, 387, 504, 379, 506/34 of the IPC.

The informant disclosed that he deals in mineral water. The petitioners asked the informant to supply bottles of mineral water at the price of Rs. 10 each bottle but the informant refused to supply bottles of mineral water at Rs. 10 each bottle. On such, the petitioners are alleged to have assaulted the informant at his nose and chest with Kara and bricks.

The learned counsel for the petitioners submits that allegation of demand of extortion and assault by Kara and bricks is false. The informant did not get any injury on his chest. From the injury report it would appear that the informant got two lacerated wounds that too of superficial in nature on his face.

Patna High Court CR. MISC. No.44214 of 2019(2) dt.18-07-2019 2/2 Both the injuries are simple in nature caused by hard and blunt object. The petitioners are co-villager of the informant. The petitioners have asked the informant for supply of mineral water on the occasion of marriage of their sister but the informant did not supply for which some altercation took place. The petitioners have got no criminal antecedent.

Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that the petitioners have got no criminal antecedent, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri K. P. Arya, learned Judicial Magistrate, 1st class, Barh, Patna in connection with Salimpur P.S. case No. 88 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T