Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23630 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== 1.

ROHIT KUMAR SON OF VINAY GUPTA @ VINAY PRASAD GUPTA R/O- VILLAGE- JURAHI, P.S.- MADANPUR, DISTRICTAURANGABAD 2.

MOHIT KUMAR SON OF VINAY GUPTA @ VINAY PRASAD GUPTA R/O- VILLAGE- JURAHI, P.S.- MADANPUR, DISTRICTAURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard the parties.

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 registered for the offence punishable under section 341, 323, 504, 354, 307, 506/34 of the Indian Penal Code.

Allegedly, the petitioners along with others assaulted the son of the informant by means of lathi and danda with an intention to kill them due to which they sustained injuries. It is further alleged that the petitioners used to misbehave with the

Patna High Court CR. MISC. No.23630 of 2022(2) dt.25-08-2022 2/3 daughters of the informant and also threatened her to kidnap them.

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 enmity and grudge. 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. There is no specific overt act against the petitioners. Petitioner no.1 and 2 are own brothers. He further submits that the injuries are simple in nature. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

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

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 Madanpur P.S.

Patna High Court CR. MISC. No.23630 of 2022(2) dt.25-08-2022 3/3 Case No.280 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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