Bist Kumar @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19616 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- MOKAMAH District- Patna ====================================================== 1.
Bist Kumar @ Bittu Kumar S/O Goungu Bind @ Shyam Nandan Bind 2.
Madhukar Kumar S/O Goungu Bind @ Shyam Nandan Bind 3.
Rakesh Kumar S/O Goungu Bind @ Shyam Nandan Bind 4.
Hiyalal Bind @ Hira Lala Bind S/O Late Rameshwar Bind 5.
Goungu Bind @ Shyam Nandan Bind S/O Late Rameshwar Bind 6.
Pandav Bind @ Pandav Kumar S/O Jagdish Bind 7.
Rajesh Bind @ Rajiv Bind S/O Jagdish Bind All Are R/O Village- Barahpur Bind Toli, P.S- Mokama Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. Learned counsel for the petitioners seek permission to withdraw the anticipatory bail application with respect to petitioner no.5 (Goungu Bind @ Shyam Nandan Bind) and petitioner no.7 (Rajesh Bind @ Rajiv Bind).
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.5 & 7.
5. The rest petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.19616 of 2024(2) dt.15-04-2024 2/3 Sections 147, 148, 149, 341, 323, 307, 504, 506, 34 of the Indian Penal Code and 25(1-b), 35 of the Arms Act.
6. The learned counsel for the petitioners submit that petitioner no.1 & 6 are antecedent of two cases and rest of the petitioners are person with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that the accused persons including the petitioners objected the folk music and food being served by the informant on 13th day of his grandmother death ceremony and when the same was objected the accused persons including the petitioners assaulted, further Rajesh Bind was carrying a pistol which was snatched by the local people. It is further submitted that though there is allegation of assault, but then the allegation of assault is not specific.
7. The learned APP opposes the anticipatory bail application.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioner no.1,2,3,4 and 6 abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.19616 of 2024(2) dt.15-04-2024 3/3 like amount each to the satisfaction of the learned ACJM, IIIrd, Barh, Patna in connection with Mokama P.S. Case No.407 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T