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Patna High CourtCR. MISC./16019/2023allowed

Jamun Ram v. The State Of Bihar

2023-05-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16019 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== 1.

JAMUN RAM S/O LATE PYARE RAM Resident of Village- Kedarchak, P.S.- Athmalgola, District- Patna 2.

RITIK KUMAR S/O MUKESH KUMAR Resident of Village- Kedarchak, P.S.- Athmalgola, District- Patna 3.

NIKHIL KUMAR S/O MUKESH KUMAR Resident of Village- Kedarchak, P.S.- Athmalgola, District- Patna 4.

KAJAL KUMARI D/O MUKESH KUMAR Resident of VillageKedarchak, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 342, 323, 325, 308, 379 and 354/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons are said to have assaulted the informant and her family members.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.16019 of 2023(2) dt.17-05-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is specific overt act against the co-accused Mukesh Kumar. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegations levelled against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Athmalgola P.S. Case No.170/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.