Rahul Kumar @ Rahul Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26836 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Rahul Kumar @ Rahul Kunwar Son Of Ramshankar Kunwar @ Ramshankar Kumar @ Shankar Kunwar R/O Village- Binodpur, Ward No.- 9, P.S.- Muffasil, Singhoul O.P., District- Begusarai 2.

Raman Kumar @ Raman Kunwar Son Of Ramshankar Kunwar @ Ramshankar Kumar @ Shankar Kunwar R/O Village- Binodpur, Ward No.- 9, P.S.- Muffasil, Singhoul O.P., District- Begusarai ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 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 147, 148, 149, 341, 379, 323, 307, 386, 387, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the accused persons, variously armed, assaulted the drivers of the three

Patna High Court CR. MISC. No.26836 of 2022(2) dt.14-11-2022 2/3 vehicles of the informant. When the drivers protest the same, the accused persons fired at them. The accused persons also took the vehicles from the drivers. When the informant requested to release the vehicle, the accused persons also threatened with dire consequences.

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. As per allegation, the petitioners are said to have fired but no one sustained any fire arms injury. Hence, no offence under Section 307 I.P.C. is made out against the petitioners.

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, Begusarai in connection with Muffasil P.S. Case No. 277 of 2021, subject to the conditions as laid down under

Patna High Court CR. MISC. No.26836 of 2022(2) dt.14-11-2022 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T