Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27184 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- MAHESI District- East Champaran ====================================================== 1.

MITHUN KUMAR S/O HARENDRA RAY RESIDENT OF VILLAGEKATAHA, P.S- MEHSI, DISTT.- EAST CHAMPARAN. 2.

HARENDRA RAY S/O LATE BARAN RAY RESIDENT OF VILLAGEKATAHA, P.S- MEHSI, DISTT.- EAST CHAMPARAN. 3.

DEVENDRA RAY S/O LATE BARAN RAY RESIDENT OF VILLAGEKATAHA, P.S- MEHSI, DISTT.- EAST CHAMPARAN. 4.

DEEPAK KUMAR S/O SHAMBHU RAI R/O BUARIYA, P.S- MOTIPUR, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard the parties.

2. Learned counsel for the petitioners is directed to correct para-3 of the application in course of the day.

3. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 354(b), 379, 307, 504, 506/34 of the IPC.

4. As per the prosecution case, the F.I.R. named accused persons including the petitioners indiscriminately assaulted the informant and his family.

5. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.27184 of 2023(2) dt.17-07-2023 2/2 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries were found simple in nature, which is clear from the impugned order. Petitioner no.1 has one criminal antecedent and petitioner nos.2, 3 and 4 have no criminal antecedent.

6. Learned APP for the State opposed the prayer for bail.

7. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 court below where the case is pending/Successor Court in connection with Mehsi P.S. Case No.69 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T