Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4013 of 2023 Arising Out of PS. Case No.-618 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
SANDEEP KUMAR Son of Dilip Yadav @ Dilip Kumar R/o MohallaNarayan Nagar, P.s- Muffasil, Dist- Gaya 2.
Manish Kumar Son of Dilip Yadav @ Dilip Kumar R/o Mohalla- Narayan Nagar, P.s- Muffasil, Dist- Gaya 3.
Saurav Kumar @ Ankit Kumar Son of Sanjay Yadav @ Sanjay Kumar Shashi R/o Mohalla- Narayan Nagar, P.s- Muffasil, Dist- Gaya 4.
Sagar Kumar @ Amar Kumar Shashi Son of Sanjay Yadav @ Sanjay Kumar Shashi R/o Mohalla- Narayan Nagar, P.s- Muffasil, Dist- Gaya 5.
Raja Kumar @ Rajeev Kumar Ranjan Son of not mentioned R/V- Dahariya Bigha, P.S- Bodh Gaya Dist- Gaya 6.
Akash Kumar @ Raushan Kumar Son of not mentioned R/V- Dahariya Bigha, P.S- Bodh Gaya Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Kumari Simran Wife of Arvind Prasad Yadav R/V- Maniyara, at present Narayan Nagar, P.S- Muffasil, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. B.P. Singh, Advocate Mr. Ashok Kumar, Advocate For the State :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Muffasil P.S. Case No.618 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354(B) and 379 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.4013 of 2023(2) dt.04-05-2023 2/3 The prosecution case, in brief, is that on 16.08.2022 at about 05.00 P.M., the petitioners alongwith other co-accused persons came at the house of the informant and started assaulting her renter, Sonu Kumar. When the informant came to save him, the accused persons started pulling her Saree due to which she fell down on the ground and Manish Kumar and coaccused, Monu Kumar snatched her chain made of gold. It is also alleged that all accused persons were armed with country made pistol. It is further alleged that the accused persons started pelting stones and also pulled Saree of her Gotni and coaccused, Shailendra Kumar snatched her chain and earring made of gold.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Petitioner No.5 has got one criminal antecedent and rest of the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties. Earlier the petitioners have lodged a case against the father of the informant and thereafter the present case is filed by the informant.
The learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.4013 of 2023(2) dt.04-05-2023 3/3 grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Muffasil P.S. Case No.618 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T