Amar Kumar Das @ Amar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38649 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

AMAR KUMAR DAS @ AMAR DAS Son of Nawal Das Resident of Village- Belari, P.S.- Shambhuganj, District- Banka. 2.

Kalu Kumar Das @ Lalu Kumar Das @ Lalu Kumar Son of Prem Das Resident of Village- Belari, P.S.- Shambhuganj, District- Banka. 3.

Prakash Das Son of Late Munni Das Resident of Village- Belari, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-03-2022 At the very outset, it is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no.1, namely, Amar Kumar Das @ Amar Das has been arrested, hence, he seeks permission to withdraw this application.

In view of aforesaid submissions, this application is dismissed as withdrawn against petitioner no.1, namely, Amar Kumar Das @ Amar Das.

So far as petitioners no.2 and 3 are concerned, learned counsel for the petitioners are pressing this application against them.

Patna High Court CR. MISC. No.38649 of 2021(2) dt.09-03-2022 2/3 Heard learned counsel for the petitioners no.2 and 3 and learned APP for the State.

The petitioner nos.2 and 3 are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 425, 307, 379, 504 and 506/34 of the Indian Penal Code.

It is a case of assault upon the informant's son and also took away Rs.1,000/- by the accused persons. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no specific overt-act against the petitioners. He further submits that there is general and omnibus allegations against them. Petitioners have got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner nos.2, namely, Kalu Kumar Das @ Lalu Kumar Das @ Lalu Kumar and petitioner no.3, namely, Prakash Das in the event of their arrest or surrender before the court below within a period of four 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

Patna High Court CR. MISC. No.38649 of 2021(2) dt.09-03-2022 3/3 learned CJM, Banka in connection with Shambhuganj P.S. Case No. 214 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T