Amit Kumar @ Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31407 of 2022 Arising Out of PS. Case No.-249 Year-2021 Thana- NOKHA District- Rohtas ====================================================== 1.

AMIT KUMAR @ AMRIT KUMAR SON OF NANDLAL RAM R/OVILL- SRIKHINDA, P.S.- NOKHA, DIST.- ROHTAS 2.

SUNIL KUMAR @ SANTU SON OF BACHCHA LAL PASWAN @ BACHCHALAL PASAWAN R/O- VILL- SRIKHINDA, P.S.- NOKHA, DIST.- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 379, 504 and 506 of the Indian Penal Code & Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 04.11.2021 at about 07:30 am, when Kamleshwar Singh was at a tea stall, accused persons along with the petitioners came and started abusing him and when informant protested, it is alleged that Lalit Mohan and Ravi pushed him on ground and assaulted him with lathi, danda and fist, further Sushil snatched his

Patna High Court CR. MISC. No.31407 of 2022(2) dt.22-11-2022 2/2 gold chain, Alok snatched his watch and Amrit and Ravi opened fire and thereafter his younger brother and nephew were also assaulted and on alarm, the accused persons fled away.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that though there is allegation of firing in the F.I.R but no one was injured which amply demonstrates that the allegation of firing is ornamental, it is also submitted that the case is also not registered under Section 307 of the IPC.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, 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) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nokha P.S. Case No. 249 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T