Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9334 of 2025 Arising Out of PS. Case No.-130 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

Sandeep Kumar Son of Manoj Kumar @ Manoj Singh Resident of villageMaheshwara, P.S.- Nawkothi, Distt.- Begusarai 2.

Ritik Kumar @ Ritik Kumar Singh Son of Pinku Singh @ Sanjeev Singh Resident of village- Maheshwara, P.S.- Nawkothi, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Kumar, Adv.

For the Opposite Party/s :

Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Nowkothi P.S. Case No. 130 of 2023 registered on 29.09.2023 for the alleged offences under Section 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

03. As per prosecution case, petitioners and other coaccused persons dragged the informant putting a gamcha in his neck and co-accused opened fire at a nearby place.

04. Learned counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated in this case. In this case there is no specific allegation against the

Patna High Court CR. MISC. No.9334 of 2025(2) dt.21-02-2025 2/3 petitioners and only allegation is that of abusing and putting a gamcha in the neck of the informant and dragging against the petitioners and other co-accused persons. Though there is allegation of firing against petitioner no. 2 but the same is false. There is land dispute between the parties and this fact has been mentioned by the police during investigation. Learned counsel further submits that co-accused person has been granted anticipatory bail by this Court vide order dated 03.07.2024 passed in Cr. Misc. No. 40670 of 2024. Petitioner no. 1 has two criminal antecedents and the petitioner no. 2 has no criminal antecedent.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague nature of allegation against the petitioners and further considering the possibility of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned Judicial Magistrate-1st Class, Begusarai in connection with Nowkothi P.S. Case No. 130 of 2023, subject to the condition laid down under Section 438(2)

Patna High Court CR. MISC. No.9334 of 2025(2) dt.21-02-2025 3/3 of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J.) Jyoti Kumari/- U T