Supan Prasad @ Supan Kumar @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24124 of 2023 Arising Out of PS. Case No.-651 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Supan Prasad @ Supan Kumar @ Sunil Kumar Son Of Late Ratan Prasad Resident Of Village- Sahebganj Butanbani, Ps- Chapra Towan, Distt- Saran 2.
Priyanshu Kumar Son Of Supan Prasad @ Supan Kumar @ Sunil Kumar Resident Of Village- Sahebganj Butanbani, Ps- Chapra Towan, Distt- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24463 of 2023 Arising Out of PS. Case No.-651 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Rajendra Prasad S/O Sri Basudeo Prasad R/O Mohalla- Sahebganj Butanbani, P.S- Chapra Town, Distt.- Saran.
2.
Rahul Kumar @ Ankit Kumar S/O Rajendra Prasad R/O MohallaSahebganj Butanbani, P.S- Chapra Town, Distt.- Saran. 3.
Amit Kumar S/O Rajendra Prasad R/O Mohalla- Sahebganj Butanbani, P.SChapra Town, Distt.- Saran. 4.
Abhishek Kumar @ Anshu Kumar S/O Rajendra Prasad R/O MohallaSahebganj Butanbani, P.S- Chapra Town, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 24124 of 2023) For the Petitioner/s :
Mr. Mukesh Kumar Singh For the Opposite Party/s :
Mr. Shailendra Kumar (In CRIMINAL MISCELLANEOUS No. 24463 of 2023) For the Petitioner/s :
Mr. Mukesh Kumar Singh For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this
Patna High Court CR. MISC. No.24124 of 2023(2) dt.06-07-2023 2/3 common order.
Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/ 120(B)/34 of the Indian Penal Code.
Allegation against the petitioners is that they along with other accused persons have committed murder of the brother-in-law of the informant.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the occurrence took place in the night in the month of October and no one claims himself to be an eye witness of the alleged occurrence. He further submits that the deceased was a notorious criminal and has four criminal antecedents. Petitioners of Cr. Misc No. 24124 of 2023 have no criminal antecedent and in Cr. Misc No. 24463 of 2023, petitioner no. 1 and 3 have no criminal antecedent and petitioner no. 2 has two criminal antecedents as mentioned in para-3 of this application.
Patna High Court CR. MISC. No.24124 of 2023(2) dt.06-07-2023 3/3 Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner are involved in the present case.
Having regard to the facts and circumstances of the case, arguments of the parties, perusal of the records and the fact that there is no eye witness in the present 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 lower Court where the case is pending/successor Court in connection with Chapra Town P.S. Case No.651 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T