Alok Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26673 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- PUNPUN District- Patna ====================================================== 1.

Alok Kumar @ Sanjeev Kumar Son Of Ashok Das R/O Village- Samkurah, P.S- Punpun, Dist- Patna 2.

Ramesh Das Son Of Sri Bhagwan Das R/O Village- Samkurah, P.S- Punpun, Dist- Patna 3.

Sunesh Das Son Of Sri Gopi Das R/O Village- Samkurah, P.S- Punpun, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Ray, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Punpun P.S. case No.43 of 2020 registered under Sections 447, 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners came variously armed and indiscriminately assaulted the informant with iron rod.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and

Patna High Court CR. MISC. No.26673 of 2021(2) dt.28-02-2022 2/2 omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The nature of injury is said to be simple. Hence, no offence under Section 307 of I.P.C. is made out. Other co-accused persons have been granted anticipatory bail vide Annexure 4 to the present application by a Co-ordinate Bench of this Court.

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 Sri Ranjay Kumar, learned Judicial Magistrate, 1st class, Masaurhi, District Patna in connection with Punpun P.S. case No.43 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