Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14931 of 2022 Arising Out of PS. Case No.-334 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Akshay Kumar S/o Ishwar Srivastava Resident of Mohalla- Purani Gudari, Near Arya Samaj Mandir, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran.

2.

Abhay Kumar @ Abhay Mishra S/o Babulal Mishra Resident of MohallaPurani Gudari, Dwar Devi Chowk, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Bettiah Town (Kalibagh OP) P.S. Case No. 334 of 2020, registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

As per the prosecution case, on the alleged date and time occurrence while the informant was returning his home, all the FIR named accused persons including petitioners intercepted and abused him. On protest, all the accused persons assaulted him with leg and fists. It is further alleged that petitioner no. 2 and co-accused Kanhaiya Soni took out Rs. 25,000/- from his

Patna High Court CR. MISC. No.14931 of 2022(2) dt.23-08-2022 2/2 pocket. When informant's younger son Suraj came to rescue him, co-accused Golu Soni assaulted him by means of iron rod over right hand causing fracture and co-accused Bholi Soni gave knife blow to the son of informant causing head injury. It is submitted that so far as petitioners are concerned, there is no allegation of any specific overt act against them. Specific allegation of assault is against co-accused Golu Soni and Bholi Soni. Allegation of snatching cash is super-addition. Injuries sustained by the son of informant is simple in nature caused by hard and blunt object. Petitioners claim clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town (Kalibagh OP) P.S. Case No. 334 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T