Akshay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18961 of 2024 Arising Out of PS. Case No.-358 Year-2023 Thana- KARPI District- Jehanabad ====================================================== 1.
AKSHAY KUMAR SON OF RAMPUKAR RAM RESIDENT OF VILLAGE - KHAJURI, P.S. - KARPI, DISTRICT - ARWAL 2.
PHULKUMARI DEVI WIFE OF RAMPUKAR RAM RESIDENT OF VILLAGE - KHAJURI, P.S. - KARPI, DISTRICT - ARWAL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jogendra Kumar, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard Mr. Jogendra Kumar, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 337, 338, 504, 506, 34 of the Indian Penal Code.
3. Allegedly, due to previous enmity, all the accused persons including the petitioners are said to have assaulted the informant and his family members with deadly weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. There is general and omnibus allegation against all the accused
Patna High Court CR. MISC. No.18961 of 2024(2) dt.02-04-2024 2/2 persons including the petitioners of assaulting the informant and his family members. There is no allegation of repetition of assault. Both the parties are agnates and there is case and counter case between them. The injuries of all the injured persons are found simple in nature, except the injury of one Sumanti Devi. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as from bare perusal of the FIR, it is evident that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Karpi P.S. Case No. 358 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T