Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31935 of 2022 Arising Out of PS. Case No.-128 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Azad Kumar S/O Santosh Singh Resident Of Village- Bhola Bigha, P.S.- Islampur, District- Nalanda.

2.

Golu Kumar @ Rohit Kumar S/O Suryamani Singh Resident Of VillageBhola Bigha, P.S.- Islampur, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 147, 148, 341, 323, 504, 506 & 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case in nutshell is that while the informant was returning from call of nature, all the F.I.R. named accused including the petitioners are said to have surrounded and started abusing him. On the order of Suryamani Singh, Ujjwal Kumar started firing causing various injuries to him. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.31935 of 2022(2) dt.22-11-2022 2/2 the petitioners are quite innocent and they have not committed any offence rather they have falsely been implicated in this case. As per the F.I.R, it is evident that petitioners are only members of unlawful assembly and there is no specific allegation levelled against them. It is also submitted that both the parties are agnates and due to case and counter case the present occurrence has been taken place and the informant named the petitioners with a view to harass them.

In the facts and circumstance of the case, let the petitioners, above named, 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 Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 128 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T