Kapildeo Singh @ Kapo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16570 of 2024 Arising Out of PS. Case No.-52 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== 1.
Kapildeo Singh @ Kapo Singh Son Of Late Kusho Singh Resident Of Village- Nipaniya Ward No. 06, Ps- Phulwaria, Dist- Begusarai 2.
Guddu Kumar Singh @ Guddu Kumar @ Guddu Singh Son Of Kapildeo Singh @ Kapo Singh Resident Of Village- Nipaniya Ward No. 06, PsPhulwaria, Dist- Begusarai 3.
Gulshan Kumar @ Kari Son Of Kapildeo Singh @ Kapo Singh Resident Of Village- Nipaniya Ward No. 06, Ps- Phulwaria, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Ataul Haque For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 447, 379, 308, 506, 504 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners were given benefit of Sectioon 41(A) of the
Patna High Court CR. MISC. No.16570 of 2024(2) dt.14-03-2024 2/2 Cr.P.C. by the investigating officer, later on charge-sheet has been submitted against the petitioners. He further submits that there is case and counter case between the parties and both sides have sustained injury. Some of the co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 14.12.2022 passed in Cr. Misc. No. 57702 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. 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 Phulwaria P.S. Case No.52 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T