Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34504 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

SUMAN KUMAR SON OF RAMDEYAL CHAUHAN R/O VILLAGESINGARPATTI, P.S.- HUSSAINGANJ, DISTRICT- SIWAN 2.

DHIRAJ CHAUHAN @ DHIRAJ KUMAR SON OF RAMPARVESH MAHATO R/O VILLAGE- SINGARPATTI, P.S.- HUSSAINGANJ, DISTRICT- SIWAN 3.

AMIT CHAUHAN @ AMIT KUMAR SON OF RAMPARVESH CHAUHAN R/O VILLAGE- SINGARPATTI, P.S.- HUSSAINGANJ, DISTRICT- SIWAN 4.

HITESH CHAUHAN SON OF BIRENDRA CHAUHAN @ MOTILAL CHAUHAN R/O VILLAGE- SINGARPATTI, P.S.- HUSSAINGANJ, DISTRICT- SIWAN 5.

RAMDEYAL CHAUHAN SON OF LATE SUDAMA CHAUHAN R/O VILLAGE- SINGARPATTI, P.S.- HUSSAINGANJ, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyanka Singh For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Learned counsel for the petitioner seeks permission to withdraw anticipatory bail petition with regard to petitioner No. 1, Suman Kumar.

Permission is granted.

Anticipatory bail petition for petitioner No. 1, Suman Kumar is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos. 2, 3, 4 and 5 and the State.

Patna High Court CR. MISC. No.34504 of 2022(2) dt.17-11-2022 2/3 Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 324, 304 and other allied sections of Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, petitioners assaulted informant and others by means of dab, fists and slaps. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is submitted that though there is specific allegation of assault against petitioner No. 2, Dhiraj Chauhan, for inflicting injury upon Golu Kumar but there is no injury report on the record. So far petitioner Nos. 3, 4 and 5 are concerned, there is no allegation of specific overt act against them. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, let petitioner No. 2, 3, 4 and 5 in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Hussainganj P. S. Case No. 75 of 2022, subject to condition as laid down under Section

Patna High Court CR. MISC. No.34504 of 2022(2) dt.17-11-2022 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) navya/- U T