Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21889 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== 1.
Kaushal Kumar S/o Lalmohan Yadav R/o Village - Akurahawan, P.S. - Tankuppa, District - Gaya 2.
Vipin Kumar @ Bipin Kumar S/o Lalmohan Yadav R/o Village - Akurahawan, P.S. - Tankuppa, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Adv For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
2. The petitioners apprehend their arrest in connection with Tankuppa P.S Case No. 181 of 2023 registered for the offence punishable under Sections 147, 149, 341, 323, 504, 447, 506 of the Indian Penal Code and Section 27 of the Arms Act and Section 37 (c) of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, all the accused persons including the petitioners along with co-accused Lal Mohan Yadav, who was in drunken state, started abusing
Patna High Court CR. MISC. No.21889 of 2024(2) dt.02-04-2024 2/3 and fired by the pistol and tried to assaulted the informant and other accused persons.
4. Learned counsel for the petitioner submits that petitioners have falsely been implicated in this case. The specific allegation is against Lal Mohan Yadav rather there is general and omnibus allegations against the petitioners. The petitioners are students and they have been implicated due to local politics. The petitioner no. 1 has one criminal antecedent and petitioner no. 2 has clean antecedent.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, cum Additional Sessions Judge, Gaya/ concerned court in connection with Tankuppa P.S. Case No. 181 of 2023 subject to the conditions laid down in Section 438(2) of the
Patna High Court CR. MISC. No.21889 of 2024(2) dt.02-04-2024 3/3 Code of Criminal Procedure, 1973.
(Chandra Prakash Singh, J) N.K/- U T