Pappu Kumar @Pappu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25795 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== RAJEEV KUMAR Son of Arjun Mahto Resident of village - Arma, P.S.- Kajra, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35702 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== PAPPU KUMAR @PAPPU MAHTO son of Arjun Mahto Resident of Village- Arma, PS- Karja, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 25795 of 2023) For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Narsingh Tanti (In CRIMINAL MISCELLANEOUS No. 35702 of 2023) For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.
As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
The petitioners apprehend their arrest in a case registered
Patna High Court CR. MISC. No.25795 of 2023(2) dt.13-07-2023 2/3 for the offence punishable under Sections 341, 323, 448, 324, 307, 325, 504, 506/34 of the Indian Penal Code. The allegation against the petitioners is that the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. Petitioners have one criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner namely, Rajeev Kumar in Cr. Misc. No.25795 of 2023, to assault the informant due to which he sustained grievous injury.
Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner Rajeev Kumar in Cr. Misc. No.25795 of 2023. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
Patna High Court CR. MISC. No.25795 of 2023(2) dt.13-07-2023 3/3 However, as the injury attributed towards the petitioner Pappu Kumar @ Pappu Mahto in Cr. Misc. No.35702 of 2023, is simple in nature, let the above named petitioner Pappu Kumar @ Pappu Mahto in Cr. Misc. No.35702 of 2023, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kajra P.S. Case No.86 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T