Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17066 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.
Abhishek Kumar Son Of Kishore Prasad Yadav Resident of Village - Bhimkitta, P.S.- Madhusudan Pur, Distt.- Bhagalpur. 2.
Ranjan Yadav Son of Late Suresh Yadav Resident of Village - Bhimkitta, P.S.- Madhusudan Pur, Distt.- Bhagalpur.
3.
Prashant Yadav Son of Binodi Yadav Resident of Village - Bhimkitta, P.S.- Madhusudan Pur, Distt.- Bhagalpur.
4.
Prince Raj Son of Chhotu Yadav Resident of Village - Bhimkitta, P.S.- Madhusudan Pur, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioners are apprehending their arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.17066 of 2021(2) dt.15-12-2021 2/3 Sections 147, 148, 341, 323, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged by the informant that when he was returning from the village Rampur, petitioner No. 2 fired from country made pistol but it did not hit him. Thereafter, all the accused persons including the petitioners surrounded the informant and co-accused Raj Kumar Yadav assaulted him with the butt of the gun and thereafter the accused persons assaulted the informant with the iron rod, lathi danda etc. The accused persons also snatched gold chain and cash of Rs. 1170 from the informant.
It is submitted by learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. The injury of the informant has been found to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
In the facts and circumstance of the case, let
Patna High Court CR. MISC. No.17066 of 2021(2) dt.15-12-2021 3/3 the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 166 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T