Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41657 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- KARPI District- Jehanabad ====================================================== 1.
Vipin Kumar Son Of Kamlesh Mahto @ Kamlesh Kumar Sinha Village Kohraul Ps Karpi Dist Arwal 2.
Avinash Kumar Son Of Kamlesh Mahto @ Kamlesh Kumar Sinha Village Kohraul Ps Karpi Dist Arwal 3.
Kamlesh Mahto @ Kamlesh Kumar Sinha Son Of Late Sobhan Mahto Village Kohraul Ps Karpi Dist Arwal 4.
Ram Bachan Mahto @ Ram Bachan Singh Son Of Late Sobhan Mahto Village Kohraul Ps Karpi Dist Arwal 5.
Amit Kumar Son Of Mahesh Mahto Village Kohraul Ps Karpi Dist Arwal 6.
Bittu Kumar Son Of Ram Kumar Mahto Village Kohraul Ps Karpi Dist Arwal ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Baban Singh Son Of Late Bhorik Singh Resident Of Village- Khalilpura, PsKarpim District- Arwal ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
:
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar Jha,A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Learned counsel for the petitioner filed a supplementary affidavit in the Court.
2. Let it be kept on the record.
3. Heard learned counsel for the petitioners and learned APP for the State.
4. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 120(B) and 504 of the
Patna High Court CR. MISC. No.41657 of 2023(2) dt.04-08-2023 2/3 Indian Penal Code pending in the learned court below.
5. As per the prosecution case, petitioners are said to have assaulted the sons of the informant.
6. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that the injury report does not support the prosecution case which is enclosed the supplementary affidavit. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
7. Learned APP for the State opposes the prayer for bail.
8.
Considering the aforesaid facts and circumstances and the fact that the injury report does not support the prosecution case, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Karpi
Patna High Court CR. MISC. No.41657 of 2023(2) dt.04-08-2023 3/3 P.S. Case No.55 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T