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Patna High CourtCR. MISC./579/2017bail granted

Rajnish Kumar And ANR v. The State Of Bihar

2017-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.579 of 2017 Arising Out of PS.Case No. -538 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Rajnish Kumar, Son of Prabesh Sao,

2. Lokesh Kumar, Son of Rameshwar Mandal, Both Residents of village - Jai Nagar, Lali Pahadi, Police Station Lakhisarai Kabailya ( O.P. ), District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Opposite Party/s : Mr. R.B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 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, 341, 323, 307, 447, 504 and 506 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners abused and assaulted the informant by means of lathi, danda and iron rod, 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

Patna High Court Cr.Misc. No.579 of 2017 (2) dt.11-01-2017 2/2 present case. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

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, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. case No.538 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T