Aashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34010 of 2022 Arising Out of PS. Case No.-566 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Aashish Kumar Son of Sri Upendra Yadav Resident of Village - Sakarpura, P.S.- Madhepura (O.P. Bharrahi), District - Madhepura. 2.

Punjesh Kumar Jha Son of Sri Shashikant Jha Resident of Village - Sakarpura, P.S.- Madhepura (O.P. Bharrahi), District - Madhepura. 3.

Sandeep Kumar S/o of Sri Laxman Yadav Resident of Village - Sakarpura, P.S.- Madhepura (O.P. Bharrahi), District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. As per the prosecution case, petitioners along with co-accused Sharwan Kumar brutally assaulted the son of informant with lathi, three-nut and Dabia as a result of which he sustained five injuries.

It is submitted that petitioners has been falsely implicated in this case. The police after investigation submitted

Patna High Court CR. MISC. No.34010 of 2022(3) dt.23-11-2022 2/2 final form and during course of investigation, it has come that son of the informant met an accident in intoxicated state. Petitioners claim clean antecedents.

Counsel for informant however vehemently opposed the prayer for bail and submitted that petitioners are named in the FIR and there is allegation that petitioners and other assaulted the son of informant.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 566 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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