Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36024 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- MANER District- Patna ====================================================== 1.

Abhishek Kumar, aged about 24 years, Male, S/O Kallu Ray, R/O Hanumanganj, P.S.- Sahpur, Dist.- Patna.

2.

Raushan Kumar, aged about 22 years, Male, Son Of Akhilesh Ray, R/O Machhuari Bagicha, P.S.- Maner, Dist.- Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Satrudhan Kumar, Advocate For the Opposite Party :

Mr. Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 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 Maner P.S. Case No. 25/2021 registered for the offence under Sections 147, 148, 149, 341, 323, 307 and 379 of the I.P.C.

The prosecution story, in brief, is that on 10.01.2021, when the informant went to the market, the petitioners alongwith four persons surrounded him and snatched his pistol.

Patna High Court CR. MISC. No.36024 of 2021(2) dt.24-05-2022 2/3 Thereafter, scuffle took place between them. The informant took out some papers of co-accused Raushan Kumar and gave to the concerned police station. In the said scuffle, the informant got injury upon his head. The petitioner and others fired from the snatched pistol of the informant and consequently two persons have received fire arm injury.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

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) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Ist, Danapur, Patna, in

Patna High Court CR. MISC. No.36024 of 2021(2) dt.24-05-2022 3/3 connection with Maner P.S. Case No. 25/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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