Tinku Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7521 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- MASHRAK District- Saran ====================================================== TINKU KUMAR @ ASHUTOSH KUMAR Son of Ajay Singh R/V- Ben Chapra, P.S- Mashrakh, Dist- Saran at chapra ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 353, 332 and 333 of the Indian Penal Code.

The petitioner along with other co-accused is said to have pelted stones, bricks etc on the police party and got freed co-accused Rajiv Kumar Singh from the police custody. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case at the instance of village Chaukidar due to previous enmity. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Moreover, the petitioner was only the

Patna High Court CR. MISC. No.7521 of 2023(2) dt.08-05-2023 2/2 member of the mob. Similarly situated co-accused, namely, Sushil Kumar Singh @ Sushil Singh and another have been enlarged on bail by a co-ordinate bench of this court vide order dated 28.09.2022 passed in Cr. Misc. No. 35985 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mashrakh P.S. Case No. 88 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T