Vishal Kumar @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22599 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== 1.
VISHAL KUMAR @ SANJAY KUMAR SON OF LATE RAJENDRA SINGH R/O VILLAGE- DUDHAILA, P.S.- JAMHORE, DISTRICTAURANGABAD 2.
DIPESH KUMAR SON OF UDAY SINGH R/O VILLAGE- DUDHAILA, P.S.- JAMHORE, DISTRICT- AURANGABAD 3.
DEEPAK KUMAR SON OF UDAY SINGH R/O VILLAGE- DUDHAILA, P.S.- JAMHORE, DISTRICT- AURANGABAD 4.
MAHESH KUMAR KARN SON OF LAKSHUMAN YADAV R/O VILLAGE- DUDHAILA, P.S.- JAMHORE, DISTRICT- AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioner nos. 1, 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 325, 341, 379, 427 and 307 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 03.07.2020 at about 6:00 pm while he was returning from the market, five named accused persons, including the petitioners, alongwith 10-15 unknown persons
Patna High Court CR. MISC. No.22599 of 2021(3) dt.20-06-2022 2/3 assaulted the informant by means of lathi and stones with an intention to kill him, it is next alleged that the informant on account of assault sustained injuries on his head and other parts of the body. It is further alleged that Amit Kumar @ Bhola snatched golden chain from the neck of the informant and the informant was taken to Sadar Hospital, Aurangabad for treatment.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that petitioner no.1 had instituted Jamhore P.S. Case No. 23 of 2020 dated 17.04.2020 against the family members of the present informant relating to occurrence of the killing of his brother. Learned counsel further submits that on account of Jamhore P.S. Case No. 23 of 2020, the present false case came to be instituted against the petitioners and 10-15 unknown persons, it is next submitted that the injuries sustained by the informant are simple in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1, 2 and 3, in the event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.22599 of 2021(3) dt.20-06-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Jamhore P.S. Case No. 42 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T