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Patna High CourtCR. MISC./42374/2023allowed

Satish Kumar @ Puttu v. The State Of Bihar

2023-10-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42372 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== 1.

RAGHVENDRA KUMAR @ BACHCHA BABU S/O RAM AYODHYA RAI R/O Village- Sugaridih, P.S- Mahindwara, Distt.- Sitamarhi. 2.

Navin Kumar S/O Ram Ayodhya Rai R/O Village- Sugaridih, P.SMahindwara, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42374 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- MAHINDWARA District- Sitamarhi ====================================================== 1.

SATISH KUMAR @ PUTTU Son of Late Chandrika Rai Resident of village - Sugaridih, P.S. - Mahindwara, Distt. - Sitamarhi 2.

Shashi Shekhar Kumar @ Shashi Shekhar Son of Bijali Rai Resident of village - Sugaridih, P.S. - Mahindwara, Distt. - Sitamarhi 3.

Abhay Kumar Son of Bijali Rai Resident of village - Sugaridih, P.S. - Mahindwara, Distt. - Sitamarhi 4.

Bijali Rai Son of Late Ramashish Rai Resident of village - Sugaridih, P.S. - Mahindwara, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 42372 of 2023) For the Petitioner/s :

Mr.Basant Kumar Tripathy For the Opposite Party/s :

Mr.Mohammad Sufyan (In CRIMINAL MISCELLANEOUS No. 42374 of 2023) For the Petitioner/s :

Mr.Basant Kumar Tripathy For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court CR. MISC. No.42372 of 2023(3) dt.10-10-2023 2/3

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 302 of the Indian Penal Code.

3. It is alleged that the petitioners along with other coaccused persons have assaulted son of the informant due to which hi son succumb to his injuries.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific allegation against the petitioners, there is specific allegation only against Rajnish Kumar who gave knife blow upon the son of the informant. Petitioners of Cr. Misc. No. 42372 have two criminal antecedents and petitioners of Cr. Misc. No. 42374 of 2023 i.e. petitioners no. 1 and 4 have two criminal antecedents and petitioners no. 2 and 3 have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in

Patna High Court CR. MISC. No.42372 of 2023(3) dt.10-10-2023 3/3 the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mahindwara P.S. Case No.77 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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