Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6926 of 2023 Arising Out of PS. Case No.-94 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.
KUNAL KUMAR Son of Yogendra Sah Resident of Village - Madhuwaha Brit Tetariya, P.S.- Rajepur, District - East Champaran 2.
Rakesh Kumar Sah @ Rakesh Kumar Son of Kamal Sah @ Kamlesh Sah Resident of Village - Madhuwaha Brit Tetariya, P.S.- Rajepur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rashmi Jha Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 326, 379, 504, 506 of the Indian Penal Code. The allegation against the petitioners is that petitioners being members of unlawful assembly assaulted the electricity officials, who had gone to recover electricity bill dues. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The
Patna High Court CR. MISC. No.6926 of 2023(2) dt.13-04-2023 2/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the similarly situated co-accused persons have been granted bail by this Court vide order dated 24.01.2023 passed in Cr. Misc. No.40478 of 2022. She further submits that the petitioner no.1 and 2 are ready to deposit Rs.15,000/- and Rs.17,000/- respectively in North Bihar Power Distribution Company Limited. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each 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 Rajepur P.S. Case No.94 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, learned Court below is directed to accept the bail bond of the petitioners after verifying that the petitioners
Patna High Court CR. MISC. No.6926 of 2023(2) dt.13-04-2023 3/3 have deposited the said loss amount in North Bihar Power Distribution Company Limited.
(Anjani Kumar Sharan, J) shikha/- U T