Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36478 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.
Gulshan Kumar S/O Bipin Rai R/O Village- Chamtha Number, Ward No. 04, P.O. Barkhut Chamttha, P.S. Bachhwara, Dist. Begusarai. 2.
Vikesh Kumar @ Vikash Kumar S/O Ramudesh Rai R/O Village- Chamtha Number, Ward No. 04, P.O. Barkhut Chamttha, P.S. Bachhwara, Dist. Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Adv.
For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2023 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 354, 504 of the Indian Penal Code.
3. As per the prosecution, it has been mentioned that accused petitioners have assaulted the informant and his brothers by arms.
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent having clean antecedent. He submits that from the content of the FIR it transpires that the specific allegation of assault is upon one
Patna High Court CR. MISC. No.36478 of 2023(2) dt.21-07-2023 2/2 Bipin Rai and no specific allegation is there against the petitioners. The Vipin Roy@Bipin Rai has been granted bail by the Co-ordinate Bench of this Court vide order dated 06.04.2023 in Cr. Misc. No.72008 of 2022. Counsel further submits that case and counter case has been filed by the petitioners' side, as well as, by the informant's side i.e. Bachwara P.S. Case No.138 of 2022 dated 13.06.2023, in which the petitioners are seeking an anticipatory bail and the second one is Bachwara P.S. Case No.12 of 2022.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachwara P.S. Case No.138 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) Ashishsingh/- U