Roushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12773 of 2023 Arising Out of PS. Case No.-304 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== ROUSHAN KUMAR S/O NAND LAL KUMAR @ NAND LAL PRASAD R/v- Devgawn, P.S.- Khizersarai, District- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15764 of 2023 Arising Out of PS. Case No.-304 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== RAM HULUWEE @ RAJA HALUWAEE @ RAJARAM GUPTA Son of Binda Saw @ Binda Haluwaee R/V- Chiraili, Patna Gaya Main Road, PSKhizersarai Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 12773 of 2023) For the Petitioner/s :
Mr. Sanjay Kr. Sinha For the Opposite Party/s :
Mr. Manoj Kumar (In CRIMINAL MISCELLANEOUS No. 15764 of 2023) For the Petitioner/s :
Mr. Binay Kumar For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 As both these applications arises from the same P.S. Case no., with consent of parties, they have been heard together and disposed of by this common order.
Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant. The petitioners are apprehending their arrest in a case
Patna High Court CR. MISC. No.12773 of 2023(2) dt.19-05-2023 2/3 registered for the offence punishable under Sections 147, 341, 308, 323, 504 and 506 of the Indian Penal Code pending in the learned court below.
The accused person named in the FIR including the petitioners are said to have abused and assaulted the informant and her son. In the meantime, accused Shakti Paswan fired by pistol but it was missed. On gathering all accused persons fled away threatening to kill the informant's son. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties. He submits that similarly situated other co-accused person has already been granted bail by this Court vide order dated 03.01.2023 passed in Cr. Misc. No. 59367/2022 and vide order dated 02.01.2023 passed in Cr. Misc. No.56831/2022. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State along with learned counsel for the informant opposes for prayer for bail.
Patna High Court CR. MISC. No.12773 of 2023(2) dt.19-05-2023 3/3 Considering the aforesaid facts and circumstances and the fact, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Khizersarai P.S. Case No.304/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T