Amit Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18577 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== 1.
AMIT KUMAR @ GOLU S/O Pappu Singh R/O Maheshpur, P.SMehandiganj, District- Patna 2.
Rachna Kanishak W/O Ankit Kumar R/O Maheshpur, P.S- Mehandiganj, District- Patna ... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Mohan, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 307, 354A, 379, 504 and 506/34 of the Indian Penal Code.
3. All these F.I.R. named persons including these petitioners are said to have assaulted the informant and his wife. They also brutally assaulted the son of the informant by means of iron rod and due to which his forehead got raptured. The reason behind the occurrence is said to be money dispute.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to animosity. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.18577 of 2023(4) dt.28-08-2023 2/2 specific rather general and omnibus in nature. The specific allegation of overt act is attributed agaisnt the co-accused Ankit Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. By order dated 26.07.2023, learned APP for the State was directed to file a counter affidavit enclosing the injury report. In compliance thereof, a counter affidavit has been filed today in which it is clearly stated that the nature of the injury is simple.
6. Having regard to the facts and circumstances of the case as well as the fact that the nature of the injury is simple, 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 Mehadiganj P.S. Case No.156 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T