Saurabh Kumar @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25249 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

SAURABH KUMAR @ SAURAV KUMAR Son of Suresh Prasad Singh Resident of village Manganpur, P.S. Bhagwanpur, District-Vaishali 2.

SHUBHAM KUMAR Son of Virendra Prasad Singh Resident of village Manganpur, P.S. Bhagwanpur, District-Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur Ms.Vaishnavi Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Bhagwanpur PS Case No. 186 of 2022 dated 27-07-2022 registered under Section 323, 326, 354(B), 504, 506, 34 of the IPC.

3. As per the prosecution case the petitioners along with other accused persons entered into the house of the informant, armed with weapons, with intent to kill and assaulted the informant and also misbehaved with her and her family members.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to

Patna High Court CR. MISC. No.25249 of 2023(2) dt.14-07-2023 2/3 political reason inasmuch as the informant had contested Panchayat Ward election on the basis of forged caste certificate which was protested by one Asha Devi. He further submits that the said Asha Devi lodged a complaint before the learned Magistrate against the informant bearing Complaint Case No. 2578 of 2021 alleging forgery in which the father of the petitioner no. 1 is one of the witnesses and has deposed against the present informant. He next submits that no apparent injury is caused to the informant inasmuch as the prosecution did not bring on record any injury report at the time of consideration of anticipatory bail application of the petitioners before the learned Sessions Judge.

5. Regard being had to the submission made by the parties, taking into consideration the submission of the counsel for the petitioners that petitioners have been implicated in this case due to political reason and no apparent injury report has been brought on record by the prosecution, as such, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each

Patna High Court CR. MISC. No.25249 of 2023(2) dt.14-07-2023 3/3 with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Vaishali at Hajipur in connection with Bhagwanpur PS Case No. 186 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T