Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16959 of 2023 Arising Out of PS. Case No.-555 Year-2022 Thana- TEKARI District- Gaya ====================================================== 1.
RAUSHAN KUMAR SON OF LAL MOHAN SINGH Resident of village - Chhatoi, P.S. - Kurtha (Manikpur O.P.) Distt. - Arwal 2.
MANIKANT KUMAR SON OF LAL MOHAN SINGH Resident of village - Chhatoi, P.S. - Kurtha (Manikpur O.P.) Distt. - Arwal 3.
SURAJ KUMAR SON OF SHIV BACHAN SINGH Resident of village - Mathurapur, P.S. - Kurtha, Distt. - Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP For the Informant :
Mr. B.J. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 504, 354, 379, 384, 385, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that the accused persons including the petitioners came to her house and caught her and ousted her from the house along with her children and accused Suraj and Tara snatched her gold
Patna High Court CR. MISC. No.16959 of 2023(4) dt.28-06-2023 2/3 chain weighing two Bhar and also snatched her golden bracelet worth Rs. 1.5 Lakhs.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that petitioners and the informant are agnates and on account of dispute relating to land, the present false came to be instituted.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners and submits that petitioners have not approached this Court with clean hands, it is next submitted by the learned counsel for the informant that petitioners have antecedent of two cases, but in supplementary affidavit, the petitioners have stated that they have only one antecedent.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tekari
Patna High Court CR. MISC. No.16959 of 2023(4) dt.28-06-2023 3/3 (Mau O.P.) P.S. Case No. 555 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, the learned trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have more than one case, then the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) Rishabh/- U T