Arvind Kumar Arya @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24994 of 2023 Arising Out of PS. Case No.-877 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.
ARVIND KUMAR ARYA @ ARVIND KUMAR SON OF MAHENDRA PRASAD YADAV R/O VILLAGE- LAUKAHA, P.S. AND DISTRICTSUPAUL 2.
SANTOSH KUMAR SON OF HARILAAL YADAV R/O VILLAGELAUKAHA, P.S. AND DISTRICT- SUPAUL 3.
NANDAN KUMAR SON OF RAMKUMAR YADAV R/O WARD NO.10, GAMHARIYA, P.S.- GAMHARIYA, DISTRICT- MADHEPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 353, 427, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant (Assistant Godown Manager, Supaul) alleges that petitioner no. 1 along with other two accused came to the
Patna High Court CR. MISC. No.24994 of 2023(2) dt.19-07-2023 2/3 warehouse and created nuisance on the pretext that sufficient food grains for distribution was not there and also abused him and damaged the laptop. It is further alleged that brother of dealer Rinki Kumari assaulted the informant and snatched his gold chain.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that petitioner no. 1 is the husband of PDS dealer, petitioner no. 3 is brother of PDS dealer and petitioner no. 2 is a co-villager and the date of occurrence is 27.08.20222 and the FIR was instituted on 15.09.2022 i.e. after a delay of nearly more than 18 days which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
Patna High Court CR. MISC. No.24994 of 2023(2) dt.19-07-2023 3/3 of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Supaul P.S. Case No. 877 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T