Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14696 of 2022 Arising Out of PS. Case No.-802 Year-2020 Thana- BIHAR District- Nalanda ====================================================== 1.

DEEPAK KUMAR Son of Raja Ram @ Raja Ram Yadav Resident of Village - Banauliya, P.s.- Bihar, Distt.- Nalanda. 2.

RAHUL YADAV @ RAHUL KUMAR Son of Raja Ram @ Raja Ram Yadav Resident of Village - Banauliya, P.s.- Bihar, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case, in short, is that the informant along with police personnel reached at the place of occurrence and saw that there was cross firing between two groups and seeing the police force, the persons of both the groups started firing upon the police force and some boys were pelting stones, due to which one constable sustained injury.

Patna High Court CR. MISC. No.14696 of 2022(2) dt.11-05-2022 2/2 It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There was fight going on between the two different groups. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 9 named persons alongwith 18-20 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Bihar P.S. case No.802 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T