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Patna High CourtCR. MISC./13062/2020bail granted

Uma Shankar Kapar @ Uma Shankar Kumar v. The State Of Bihar

2020-03-05Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13062 of 2020 Arising Out of PS. Case No.-417 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

Uma Shankar Kapar @ Uma Shankar Kumar Son of Kishori Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 2.

Rahul Kumar Son of Chunnu Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 3.

Suman Kumar @ Gunni Sah Son of Mahesh Sah Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 4.

Rajan Kumar Son of Chandesar Sah @ Chandeshwar Sah Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 5.

Sanni Kapar @ Sanni Kumar Son of Chandan Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 6.

Vimal Kumar @ Bimlesh Kumar @ Vimlesh Kumar Son of Chhotekapar @ Rameshwar Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 7.

Deepak Kumar Son of Sanjit Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 8.

Ajay Kumar Son of Asdev Thakur @ Aasdev Thakur Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 9.

Karan Kumar Son of Kamal Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 10.

Vikash Kumar Son of Lalu Sah Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi 11.

Abhishek Kumar @ Abhishekh Kumar Son of Sudan Kapar Resident of Village - Manik Chowk, P.S.- Runnisaidpur, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 Heard learned counsel for the parties.

The petitioners, who are named in the F.I.R., apprehend their arrest in Runnisaidpur P.S. Case No. 417 of

Patna High Court CR. MISC. No.13062 of 2020(2) dt.05-03-2020 2/3 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

The F.I.R. has been lodged against 11 known and some unknown persons, wherein, it has been alleged that they assaulted the son of the informant.

It is submitted on behalf of petitioners that there is general and omnibus allegation. Petitioners have falsely been implicated in this case. There is case and counter case. Injury found on the person of son of informant is simple in nature. It is further submitted that there was free fight between both the parties and petitioners were also assaulted by the informant side. Accordingly, it has been requested to grant anticipatory bail. However, counsel for the informant has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. I/c, Sitamarhi in connection with Runnisaidpur P.S. Case No. 417 of 2019, subject to condition, as laid down under Section 438(2) of

Patna High Court CR. MISC. No.13062 of 2020(2) dt.05-03-2020 3/3 the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T