Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26981 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Arun Kumar Son of Visho Sah @ Bisho Sah @ Bisho Kumar Resident of Village- Gandhi Nagar, Police Station- Nagar, District- Begusarai 2.
Visho Sah @ Bisho Sah @ Bisho Kumar Son of Saraswati Sah Resident of Village- Gandhi Nagar, Police Station- Nagar, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Sinha For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 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 323, 337, 354, 379, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant and her family members.
4. 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
Patna High Court CR. MISC. No.26981 of 2024(2) dt.01-05-2024 2/2 the injury is found to be simple in nature. He further submits that the occurrence took place on 26.06.2023 but the F.I.R. was lodged on 12.07.2023 after delay of 16 days and there is no explanation regarding the delay, which creates serious doubts on the prosecution case. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the nature of the injury, 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 Nagar P.S. Case No.435 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T