Jitan Rai @ Jitan Roy And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70240 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- ATHMALGOLA District- Patna ======================================================

1. Jitan Rai @ Jitan Roy, Son of Late Teka Rai,

2. Anil Kumar, Son of Late Jitan Roy @ Jitan Rai,

3. Munil Kumar @ Munilal Kumar @ Munilal, Son of Jitan Roy @ Jitan Rai,

4. Sudhir Kumar, Son of Jitan Roy @ Jitan Rai All resident of Village- Budhara, P.S.- Athmalgola, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudish Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 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, 448, 323, 379, 307, 504, 506 of the Indian Penal Code.

The prosecution case, in short, is that while the informant demanded his key of the car, he was abused and when he opposed, he was assaulted by the accused persons. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no

Patna High Court Cr.Misc. No.70240 of 2018(3) dt.17-12-2018 2/2 offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

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 A.C.J.M. Barh, Patna in connection with Athmalgola P.S. Case No. 140 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T