Chuchu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40962 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- PUNPUN District- Patna ====================================================== 1.

CHUCHU KUMAR Son of Meba Lal Paswan Resident of Village- Punpun Pakri, P.S.- Punpun, District- Patna.

2.

Gautam Kumar Son of Lal Bhadur Paswan Resident of Village- Punpun Pakri, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Punpun P.S. Case No. 120 of 2020 registered for the offence under Sections 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code. Allegedly, the accused persons intercepted the informant's brother near Hawa Mahal in front of Punpun Block. It is further alleged that the accused persons assaulted the informant's brother as a result of which, he sustained injury . Ornaments and cash is also said to have been snatched away from informant's brother. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.40962 of 2021(2) dt.24-03-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is attracted in the present case. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Mr. Ranjay Kumar, learned Judicial Magistrate-Ist Class, Masaurhi, Patna in connection with Punpun P.S. Case No. 120 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T