Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34728 of 2021 Arising Out of PS. Case No.-736 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

SHAMBHU KUMAR Son of Sakaldeep Yadav Resident of Village-Lodipur, P.S.-Jehanabad (Karauna), District-Jehanabad. 2.

Ranjan Kumar Son of Subelal Yadav Resident of Village-Lodipur, P.S.- Jehanabad (Karauna), District-Jehanabad.

3.

Body Kumar @ Ranjan Kumar Son of Dhananjay Kumar @ Dhananjay Yadav Resident of Village-Lodipur, P.S.-Jehanabad (Karauna), DistrictJehanabad. 4.

Brajesh Kumar Son of Umesh Prasad Resident of Village-Mishir Bigha, P.S.-Kako, District-Jehanabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr Awadhesh Kumar Singh, 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, 506/34 of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant along with another was returning, the accused persons, on the point of pistol threatened the informant.

Patna High Court CR. MISC. No.34728 of 2021(2) dt.12-04-2022 2/2 It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. From perusal of the F.I.R., it appears that none is said to have been injured in course of the occurrence. No offence under Section 307 IPC is attracted in the present case. Rest of the offences are triable by the Magistrate.

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, Jehanabad in connection with Jehanabad (Karauna) P.S. Case No. 736/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T