Abinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34187 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

ABINASH KUMAR Son of Kishore Yadav Resident of Village - Vijay Nagar, Police Station - Banka, District - Banka. 2.

Manish Kumar Son of Mahendra Yadav Resident of Mohalla - Bhimkitta, Police Station - Madhusudanpur, District - Bhagalpur. 3.

Raj Kumar Son of Suresh Yadav Resident of Mohalla - Bhimkitta, Police Station - Madhusudanpur, District - Bhagalpur. 4.

Prince Raj @ Prince Raj Choudhary Son of Shiv Kumar Choudhary Resident of Mohalla - Bhimkitta, Police Station - Madhusudanpur, District - Bhagalpur.

5.

Shiv Kumar Choudhary Son of Bindeshwari Choudhary Resident of Mohalla - Bhimkitta, Police Station - Madhusudanpur, District - Bhagalpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504, 354, 379, 447/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which

Patna High Court CR. MISC. No.34187 of 2021(2) dt.12-04-2022 2/2 they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioner nos. 1, 2, 3 and 5 have got no criminal antecedent. There is no allegation of tampering of 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. The informant has filed a petition in the Court in which he has retracted from the earlier statement made in the F.I.R. The said petition is Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 25 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T