Amit Kumar Srivastava @ Nanhe Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31820 of 2023 Arising Out of PS. Case No.-852 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== AMIT KUMAR SRIVASTAVA @ NANHE SRIVASTAVA SON OF LATE FULENA PRASAD RESIDENT OF ITI COLONY, JAYPRAKASH NAGAR, PS MUFFASIL BETTIAH DISTRICT WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bimlesh Kumar Pandey For the State :
Mr. Rajendra Nath Jha For the Informant : Md. Kashif Yunus Mr. Abu Bakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 & 385 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he along with other co-accused is said to have demanded extortion money and he assaulted the injured person, Pravin Kumar Verma by means of iron rod.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.31820 of 2023(2) dt.20-07-2023 2/2 He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that process under Section 182 Cr.P.C. has been issued. It is further submitted that on account of trivial issue relating to taking the passengers from one bus to another bus an altercation took place among the staffs of different buses at the bus stand. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP assisted by learned counsel for the informant opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bettiah Town P.S. Case No. 852 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T