Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13294 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== 1.

PRINCE KUMAR S/O RAM NANDAN CHAUDHARY @ NANAN CHAUDHARY R/v- Kharjamma, P.S.- Mahnar, District- Vaishali 2.

MANJESH KUMAR S/O MADAN RAY R/v- Kharjamma, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 302 & 504/34 of the Indian Penal Code.

The petitioners in association of other co-accused is said to have abused and assaulted the mother of the informant and also killed his mother.

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. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.13294 of 2023(3) dt.20-06-2023 2/2 general and omnibus in nature. As per first information report, 15 persons (5 named and 15 unknown) assaulted the deceased and others. There is only allegation against the petitioner no.1, Prince Kumar that he slapped the informant and the informant also slapped him. It is further submitted that the postmortem report does not support the prosecution case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 Mahnar P.S. Case No.144 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