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Patna High CourtCR. MISC./10477/2022allowed

Subhash Kumar @ Subhesh Kumar v. The State Of Bihar

2022-08-02Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60944 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Vipul Saw @ Vipul Setthee Son Of Manikchand Saw R/O Village- Sarouni, P.S.- Kauwakol, District- Nawada ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10477 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== Subhash Kumar @ Subhesh Kumar Son Of Late Ramswaroop Yadav Resident Of Village - Sarauni, P.S. - Kowakol, District - Nawada. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 60944 of 2021) For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr. H.A. Khan (In CRIMINAL MISCELLANEOUS No. 10477 of 2022) For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149,

Patna High Court CR. MISC. No.60944 of 2021(4) dt.02-08-2022 2/3 341, 323, 325, 307, 504, 506 of the Indian Penal Code. Petitioners are said to have assaulted the son of the informant by means of hatchet.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submtis that there is specific allegation against co-accused Anil Kumar who assaulted the son of the informant. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Kauwakol P.S. Case No. 141 of 2021,

Patna High Court CR. MISC. No.60944 of 2021(4) dt.02-08-2022 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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