Vishnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35704 of 2021 Arising Out of PS. Case No.-131 Year-2019 Thana- PURNAHYA District- Sheohar ====================================================== 1.

Vishnu Kumar, (Male), aged about 22 years, Son of Rasheshyam Chandrawanshi, R/o Village- Kashopur, P.S.- Purnahiya, District- Sheohar. 2.

Neeraj Kumar, (Male), (Male), aged about 19 years, S/o Ashok Chandrawanshi, R/o Village- Tulasi Nagar, P.S.- Tariyani, District- Sheohar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Niranjan Parihar, Advocate For the Opposite Party :

Dr. (Mrs.) Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in connection with Purnahiya P.S. Case No. 131/2019 registered for the offence under Sections 147, 149, 323, 307, 504 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that on 30.12.2019 at about 5.00 P.M., in the evening, F.I.R. named accused persons came at the house of the informant and assaulted with an Iron

Patna High Court CR. MISC. No.35704 of 2021(2) dt.23-05-2022 2/3 rod and Stick on the head of the informant causing head injury. When the brother and parents of the informant came to save him they were also assaulted by the accused persons. Co-accused Anand Kumar fired from his pistol. With the help of the villagers, co-accused Anand Kumar, Jai Prakash Kumar Chandrabanshi and Sunni Kumar Chandrabanshi were apprehended.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the 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 allegation of assault is alleged against the petitioners. No deadly weapon is said to have been used in course of occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let 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)

Patna High Court CR. MISC. No.35704 of 2021(2) dt.23-05-2022 3/3 each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IInd, Sheohar, in connection with Purnahiya P.S. Case No. 131/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T