Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9786 of 2023 Arising Out of PS. Case No.-771 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

SHUBHAM KUMAR Son of Ranjay Sharma Resident of Village- Neema, P.S.- Dhanarua, District- Patna 2.

ABHISHEK SHAHI @ ABHISHEK KUMAR Son of Mritunjay Sharma Resident of Village- Gaganpura, P.S.- Sakurabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 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 147, 148, 149, 341, 323, 325, 307, 385, 379, 504 of the Indian Penal Code. Allegedly, petitioners are said to have given iron rod blow indiscriminately to the informant as a result of which he sustained injuries. They also took Rs. 12,000/- from the counter of the shop.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.9786 of 2023(2) dt.20-04-2023 2/2 general and omnibus in nature. Though the allegation against the petitioners that he along with co-accused Lalu Kumar assaulted the informant by means of iron rod indiscriminately, but as per the injury report, the injuries are found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the nature of the injuries is simple in nature, 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 Jehanabad Town P.S. Case No. 771 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T