Abhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48728 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

ABHIRAJ KUMAR SON OF SHEOKISHORE PASWAN Resident of Village - P.O.- Manjhaul, Khoir Tola, P.S.- Cheriabariyarpur, Distt.- Begusarai.

2.

Amritesh Kumar Son of Shekishore Paswan Resident of Village - P.O.- Manjhaul, Khoir Tola, P.S.- Cheriabariyarpur, Distt.- Begusarai. 3.

Munna Kumar Son of Gyani Paswan Resident of Village - P.O.- Manjhaul, Khoir Tola, P.S.- Cheriabariyarpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bajarangi Lal For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2022 At the outset, learned counsel for the petitioners submits that petitioner no. 3 namely Munna Kumar has been arrested and as such, this petition has become infructuous, so far as petitioner no. 3 is concerned.

Accordingly, in respect of petitioner no. 3 Munna Kumar, this petition is dismissed as same has become infructuous.

Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 323, 504, 506, 354(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.48728 of 2021(2) dt.21-06-2022 2/3 As per the prosecution case, the F.I.R. named accused persons including petitioners and 20-25 unknown persons, armed with various weapons, assaulted the wife of informant with lathi and danda causing injuries to her and they also tried to outrage her modesty.

It is submitted on behalf of petitioners that there is general and omnibus allegation. Though, there is allegation of assault by 20-25 persons in the F.I.R., but no injury report is available on record. As a matter of fact, petitioners and others were protesting against the negligency in the investigation by the police in the murder case of their relative Mantun Paswan and due to that reason, they were falsely implicated in this case. Petitioners claim clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the general and omnibus nature of allegation and clean antecedent of petitioners, let the above named petitioner no. 1 & 2 namely Abhiraj Kumar and Amritesh Kumar, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.48728 of 2021(2) dt.21-06-2022 3/3 Magistrate, Begusarai in connection with Cheriyabariyarpur P.S. Case No. 221 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T