Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5062 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- DORIGANJ District- Saran ====================================================== 1.

AMARJEET KUMAR Son of Jai Prakash Rai @ Sahi Rai Resident of Village- Balwant Tola, P.S.- Doriganj, District- Saran at Chapra (Bihar) 2.

Subhash Rai Son of Robin Rai Resident of Village- Balwant Tola, P.S.- Doriganj, District- Saran at Chapra (Bihar) 3.

Sonu Kumar Son of Baban Rai Resident of Village- Balwant Tola, P.S.- Doriganj, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. The informant alleges that on 07.05.2021 at 11:00 am, while he was returning home from Ara, he was intercepted by three named accused persons and two unknown between AraChhapra Bridge who started abusing him and when informant opposed, all the accused persons assaulted him with butt of the pistol causing injury, further Subhash Rai snatched golden chain

Patna High Court CR. MISC. No.5062 of 2022(2) dt.18-08-2022 2/3 and Rs. 70,000 cash on gunpoint and the occurrence took place on account of previous enmity.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that it absolutely does not stand to reason that if accused were known to the informant, then why would they have created evidence against themselves by committing such occurrence as the informant was known to them, it is thus submitted that the occurrence took place in some other manner and the informant took the same as an opportunity to implicate the innocent petitioners. Learned counsel next submits that even the injuries suffered by the informant are simple in nature as would be evident from Annexure '2' to the anticipatory bail application. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the 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 released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.5062 of 2022(2) dt.18-08-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Doriganj P.S. Case No. 101 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T