Pyar Chand Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36794 of 2024 Arising Out of PS. Case No.-784 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== 1.

PYAR CHAND SAW SON OF RAMBABU SAW @ JHAGARU SAW RESIDENT OF VILLAGE - IBRAHIMPUR, P.S. -NAUBATPUR, DISTRICT - PATNA 2.

SHAMBHU KUMAR SON OF PYAR CHAND SAW RESIDENT OF VILLAGE - IBRAHIMPUR, P.S. -NAUBATPUR, DISTRICT - PATNA 3.

AMARJEET KUMAR @ MANJEET KUMAR SON OF RANJEET RAM RESIDENT OF VILLAGE - IBRAHIMPUR, P.S. -NAUBATPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parashuram Singh For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 302, 358 of the Indian Penal Code and Section 27 of Arms Act. 3.

The allegation against the petitioners is that they assaulted the informant and his son. Co-accused Brajesh Kumar fired his pistol upon the son of the informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and

Patna High Court CR. MISC. No.36794 of 2024(2) dt.26-06-2024 2/2 omnibus in nature. He submits that there is no specific overt act against the petitioners, the specific allegation is against the coaccused Brajesh Kumar to fire upon the son of the informant due to which he died. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each 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 Naubatpur P.S. Case No.784 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U