Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10367 of 2024 Arising Out of PS. Case No.-421 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== 1.
Pushpa Devi W/O Mr. Hari Shankar Mishra R/O Village- Wirty Tola, Lachhu Chapar, Ps.- Chanpatia, Distt.- East Champaran. 2.
Abhinaw Kumar @ Abhinay Kumar @ Vicky Mishra S/O Mr. Vinod Mishra R/O Village- Wirty Tola, Lachhu Chapar, Ps.- Chanpatia, Distt.- East Champaran.
3.
Ravi Kant Mishra @ Guddu Mishra S/O Mr. Janardan Mishra R/O VillageWirty Tola, Lachhu Chapar, Ps.- Chanpatia, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mrs. Vaishnavi Singh Mr. Ritwik Thakur For the State :
Mr. Anuj Kumar Shrivastava For the Informant :
MR. Bimlesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 337, 338, 504, 506 of the Indian Penal Code and later on Section 302 of the I.P.C. was added.
3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant's side by means of deadly weapons.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.10367 of 2024(2) dt.22-02-2024 2/3 petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the police after investigation submitted final form against the petitioners, but the learned Court below differed the final form and took cognizance against the petitioners. Petitioners no. 1 and 2 have no criminal antecedent and petitioner no. 3 has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that the police after investigation submitted final form against the petitioners, 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 lower Court where the case is pending/successor Court in connection with Chanpatia P.S. Case No.421 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.10367 of 2024(2) dt.22-02-2024 3/3
7. However, the petitioners are directed to cooperate in the trial. (Anjani Kumar Sharan, J) anand/- U T