Patna High CourtCR. MISC./35562/2023allowed

Uma Shankar Kumar v. The State Of Bihar

2023-07-27Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35212 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Gulshan Kumar Son Of Madan Singh Resident Of Village- Mankaraiya, Tola Kusharpur, Ps- Paharpur, Distt- East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35562 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Uma Shankar Kumar Son Of Harendra Singh Resident Of Village - Mankaraiya, Tola Kusharpur, P.S. - Paharpur, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35212 of 2023) For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Pranav Kumar (In CRIMINAL MISCELLANEOUS No. 35562 of 2023) For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 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.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341,

Patna High Court CR. MISC. No.35212 of 2023(2) dt.27-07-2023 2/3 323, 504, 306, 34 of the Indian Penal Code and Section 67 (c) of the I.T. Act.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 27449 of 2023. He submits that all alleged Sections are bailable except Section 67(C) of the I.T. Act. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

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

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.35212 of 2023(2) dt.27-07-2023 3/3 in connection with Paharpur P.S. Case No. 24 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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