Anuj Kushwaha @ Anoj Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31124 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
ANUJ KUSHWAHA @ ANOJ KUSHWAHA S/o Vishwanath Singh Resident of Village- Kitapur, P.S.- Jagdishpur, District- Bhojpur. 2.
Papu Kushwaha S/o Vishwanath Singh Resident of Village- Kitapur, P.S.- Jagdishpur, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in connection with Jagdishpur P.S. Case No.147 of 2020, registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the IPC and 27 of the Arms Act.
The prosecution case in short is that family members of the informant were assaulted by the FIR named accused persons by means of katta and pistol. Thereafter, on alarm, several persons gathered on the spot and the accused persons fled away after
Patna High Court CR. MISC. No.31124 of 2021(2) dt.20-01-2022 2/2 making indiscriminate firing.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to previous enmity and dirty village politics. No such occurrence as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries have been found to be simple in nature. Petitioners have no criminal antecedent, as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Jagdishpur P.S. Case No.147 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.