Shiva Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15602 of 2019 Arising Out of PS. Case No.-516 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== 1.

SHIVA KUMAR @ RAHUL KUMAR, Son of Sudarshan Rai Resident of Mohalla - Uran Tola, Shivpuri, P.S.- Gardanibag, Distt - Patna. 2.

Rohit Kumar Son of Sudarshan Rai Resident of Mohalla - Uran Tola, Shivpuri, P.S.- Gardanibag, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 379 of the Indian Penal Code.

The prosecution case, in short, is that on a trivial issue, the accused persons assaulted the son of the informant. 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. The F.I.R. in question was instituted on 10.11.2018

Patna High Court CR. MISC. No.15602 of 2019(2) dt.13-03-2019 2/2 but the same was received before the A.C.J.M. on 15.11.2018. The delay has not been explained by the prosecution. The petitioner has also filed an application on 11.11.2018 before the Superintendent of Police in respect of the alleged occurrence. From perusal of the order of the Sessions Court, it appears that there is no injury report on record.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.J. XIV-cumA.C.J.M., Patna in connection with Gardanibagh P.S. Case No. 516 of 2018, G.R. No. 7701 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T