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Patna High CourtCR. MISC./13092/2023allowed

Akhilesh Kumar @ Akhilesh Ram @ Rinku Ram v. The State Of Bihar

2023-04-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13092 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Akhilesh Kumar @ Akhilesh Ram @ Rinku Ram S/O Haleshwar Ram Resident Of Village- Baisadh, P.S.- Kumarkhand District- Madhepura. 2.

Amit Kumar @ Amit Kumar Ram S/O Yoganand Ram Resident Of VillageBaisadh, P.S.- Kumarkhand District- Madhepura. 3.

Naresh Ram S/O Jaleshwar Ram Resident Of Village- Baisadh, P.S.- Kumarkhand District- Madhepura.

4.

Kumar Ashutosh Ram @ Amresh Kumar @ Ashutosh Ram S/O Haleshwar Ram Resident Of Village- Baisadh, P.S.- Kumarkhand District- Madhepura. 5.

Ganesh Ram @ Ganeshi Ram S/O Jaleshwar Ram Resident Of VillageBaisadh, P.S.- Kumarkhand District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kumarkhand P.S. Case No. 383 of 2022 registered for the offences punishable under Sections 341, 323, 379, 411, 504, 506/34 the Indian Penal Code.

As per the prosecution case, while the informant was involved in processing for distribution ration items among the beneficiaries by taking thumb impression, all the FIR named

Patna High Court CR. MISC. No.13092 of 2023(2) dt.28-04-2023 2/3 accused persons came there assaulted the informant and snatched E.POS machine from the informant.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that petitioner no. 1 is order giver, petitioner no. 4 snatched E.POS machine and petitioner no. 5 snatched gold chain and petitioner no. 3 snatched Rs. 2500/ from the informant's pocket. There is no specific allegation levelled against the petitioners, general and omnibus allegation against all the petitioners. During the course of investigation, E.POS machine was recovered from the dealer Anju Kumari. It is further submitted that petitioner no. 1 has no clean antecedent and petitioner no. 3, 4, 5 have three criminal antecedents as stated in para-3 of this application.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate,-II, Madhepura in Kumarkhand P.S. Case

Patna High Court CR. MISC. No.13092 of 2023(2) dt.28-04-2023 3/3 No. 383 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T