Sit Kumar @ Ashit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34632 of 2023 Arising Out of PS. Case No.-211 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== 1.

SIT KUMAR @ ASHIT KUMAR S/O RAJDEV PRASAD R/O VillageDhobiya Kalapur, P.S- Naubatpur, Distt.- Patna. 2.

Dhanesh Kumar S/O Satayadeo Prasad R/O Village- Dhobiya Kalapur, P.SNaubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons along with the petitioners surrounded the informant and started abusing him. On objection, they started assaulting him and his family members. Petitioner nos.1 & 2 are said to have assaulted Bholu Kumar and the informant by means of Farsa, respectively.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Both the parties are neighbours. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the

Patna High Court CR. MISC. No.34632 of 2023(2) dt.25-07-2023 2/2 petitioners is not specific rather general and omnibus in nature. The present case is counter version Naubatpur P.S. Case No. 197 of 2020. The injuries sustained by the victims were found simple in nature, which is also mentioned in para 10 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is case and counter case between the parties and injuries sustained by the victims were found simple in nature, 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 lower Court where the case is pending/successor Court in connection with Naubatpur P.S. Case No. 211 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T