Sourav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29513 of 2021 Arising Out of PS. Case No.-483 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== 1.
SOURAV KUMAR S/o Amrendra Chaudhary R/o village- Rahimpur Charkhutti, P.S.- Muffasil, District- Khagaria 2.
Binay Chaudhary S/o Nunu Babu Chaudhary R/o village- Rahimpur Charkhutti, P.S.- Muffasil, District- Khagaria 3.
Bambam Chaudhary S/o Sajjan Chaudhary R/o village- Rahimpur Charkhutti, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Ranjeet Kumar Singh, Advocate For the State :
Mr.Arun Kumar Pandey, APP For the informant :
Mr. Kalyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 447, 448, 307, 324, 354, 504, 34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners armed with lathi, danda, pistol, rod, khanti attacked on the informant and co-accused Amrendra Chaudhary fired upon the informant but he was saved and then co-accused Pappu
Patna High Court CR. MISC. No.29513 of 2021(2) dt.08-03-2022 2/3 Chaudhary fired upon the informant which hit in his left leg. 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 omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation of assault is against the coaccused Amrendra Chaudhary and Pappu Chaudhary. The injury is alleged to be on non-vital part of the body. Hence, no offence under Section 307 I.P.C. is attracted in the present case. On behalf of the State and learned counsel for the informant, 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 learned Simmi Kujur, Judicial Magistrate, 1st class, Khagaria in connection with Khagaria (Muffasil) P.S. case No.483/2020, G.R. No.2037/2020,
Patna High Court CR. MISC. No.29513 of 2021(2) dt.08-03-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T