Gokul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36749 of 2020 Arising Out of PS. Case No.-108 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Gokul Kumar S/o Ranjan Kumar Yadav R/o Village- Bari Mahuli, P.S.- Muffasil, District- Munger.

2.

Ritu Raj @ Ritu Raj Kumar S/o Manoj Yadav R/o Village- Bari Mahuli, P.S.- Muffasil, District- Munger.

3.

Jaiky Kumar S/o Ranjan Kumar Yadav R/o Village- Bari Mahuli, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioners and Shri Ashok Kumar, the learned APP for the State.

At the outset, the learned for the petitioners submits that as far as the petitioner no.1, Gokul Kumar, is concerned, he has been wrongly arrayed as petitioner in the present case, inasmuch as he has already been granted anticipatory bail by the learned court below.

The petitioners no. 2 and 3 apprehend their arrest in connection with Mufassil P.S. Case No. 108 of 2020 for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.36749 of 2020(2) dt.01-02-2021 2/3 The allegation is regarding the accused persons including the petitioners no. 2 and 3 herein having assaulted the informant by stick and by butt of the pistol etc. The learned counsel for the petitioners has submitted that the petitioners no. 2 and 3 are innocent, have been falsely implicated in the present case and are having clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled against the petitioners no. 2 and 3 and they are having no complicity in the matter.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the petitioners and taking into account the materials on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioners no. 2 and 3, namely, Ritu Raj @ Ritu Raj Kumar and Jaiky Kumar, respectively, I deem it fit and proper to admit the petitioners no. 2 and 3 to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioners no. 2 and 3, namely Ritu Raj @ Ritu Raj Kumar and Jaiky Kumar, shall be released on bail on furnishing

Patna High Court CR. MISC. No.36749 of 2020(2) dt.01-02-2021 3/3 bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Mufasil P.S. Case No. 108 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T