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Patna High CourtCR. MISC./23654/2022allowed

Umesh Narayan v. The State Of Bihar

2022-08-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23654 of 2022 Arising Out of PS. Case No.-632 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== UMESH NARAYAN Son of Late Ramanuj Sharma Resident of Village - Aropur, P.O.- Amarpura, P.s.- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24000 of 2022 Arising Out of PS. Case No.-632 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== SUNIL KUMAR Son of Late Ramanuj Sharma Resident of Village - Aropur, Post - Amarpura, P.S.- Naubatpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24173 of 2022 Arising Out of PS. Case No.-632 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== 1.

GOPAL KUMAR S/o Umesh Sharma Resident of Village- Aropur, PostAmarpura, Police Station- Naubatpur, District- Patna. 2.

Shubham Kumar S/o Sunil Kumar Resident of Village- Aropur, PostAmarpura, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 23654 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh (In CRIMINAL MISCELLANEOUS No. 24000 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar (In CRIMINAL MISCELLANEOUS No. 24173 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2022 After some arguments, learned counsel for the

Patna High Court CR. MISC. No.23654 of 2022(2) dt.30-08-2022 2/3 petitioners seeks permission to withdraw Cr. Misc. No.24000 of 2022 and Cr. Misc. No.24173 of 2022.

Permission is granted.

Accordingly, Cr. Misc. No.24000 of 2022 and Cr. Misc. No.24173 of 2022 are dismissed as withdrawn. However, if petitioners of the aforesaid two cases surrender before the learned court below within a period of six weeks from today and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioners of the aforesaid two cases preferably on the same day without being prejudiced by this order.

Heard learned counsel for the petitioner of Cr. Misc. No.23654 of 2022 and learned APP for the State. Petitioner, Umesh Narayan apprehends his arrest in connection with Naubatpur P.S. Case No.632 of 2021, registered for the offences punishable under Sections 341, 323, 324, 379, 504 and 34 of the Indian Penal Code.

Petitioner, Umesh Narayan is said to have caught hold the father of the informant and other petitioners assaulted the father of the informant by means of knife.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.23654 of 2022(2) dt.30-08-2022 3/3 present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that no specific overt act is alleged against the petitioner. The specific allegation of giving knife blow is against Sunil Kumar, Shubham Kumar and Gopal Kumar.

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

Taking into consideration the facts aforesaid, let petitioner, namely, Umesh Narayan (Cr. Misc. No.23654 of 2022), in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Danapur, Patna in connection with Naubatpur P.S. Case No.632 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T