Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22098 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.

AMIT KUMAR S/O DASHARATH KUSHWAHA @ DASRATH PRASAD R/O Village- Sareya (Tilanga Tola), P.S- Paharpur, Distt.- East Champaran, Motihari.

2.

Bittu Ram @ Bittu Kumar S/O Shivpujan Ram R/O Village- Sareya (Tilanga Tola), P.S- Paharpur, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 379, 427, 504 and 506/34 of the Indian Penal Code and under Section 25(1-b)a of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that petitioners along with unknown accused assaulted her son and when informant along with her husband intervened to pacify the situation, it is alleged that accused persons destroyed the household articles and snatched her gold chain,

Patna High Court CR. MISC. No.22098 of 2023(2) dt.11-07-2023 2/3 further when people gathered, they fled leaving a motorcycle and a pistol.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that even allegation of assault is not specific and the allegation of snatching gold chain is ornamental, it is next submitted that petitioners and the informant are known to each other and on intervention of wellwishers, the parties have compromised the case. It is further submitted that no looted article was recovered from the house of the petitioners nor any injury was found on the body of the informant and her son.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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

Patna High Court CR. MISC. No.22098 of 2023(2) dt.11-07-2023 3/3 the case is pending/successor court in connection with Paharpur P.S. Case No. 161 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T