Krish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16262 of 2024 Arising Out of PS. Case No.-1150 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Krish Kumar Son of Chuman Sah Resident of Village- Raghunathpur, Ward No.-28, Motihari Nagar Nigam, P.S.- Turkauliya O.P., Raghunathpur, District- East Champaran 2.

Arun Sah Son of Charitar Sah Resident of Village- Raghunathpur, Ward No.- 28, Motihari Nagar Nigam, P.S.- Turkauliya O.P., Raghunathpur, DistrictEast Champaran ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rashmi Jha For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 For the Informant :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 354, 307, 379, 504, 385, 34 of the Indian Penal Code.

3. Allegation against the petitioner no.1 is of pulling saari of Rani Devi and allegation against the petitioner no.2 is that, he snatched golden chain from the neck of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.16262 of 2024(2) dt.14-03-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a case and counter-case between the parties. There is land dispute between the parties. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No.1150 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T