Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43080 of 2024 Arising Out of PS. Case No.-872 Year-2023 Thana- FATUA District- Patna ====================================================== 1.

RAUSHAN KUMAR SON OF BIGAN DAS @ BIJAN DAS VILLAGEKHOKHANA, P.S.- FATUHA, DISTT.- PATNA 2.

RANJAN KUMAR @ RAJEEV RANJAN DAS SON OF LALJI DAS @ LAL JI MOCHI VILLAGE- KHOKHANA, P.S.- FATUHA, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Fatuha P.S. Case no. 872 of 2023 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, five named accused persons including the two petitioners herein surrounded the son of the informant and quarrel started. Thereafter, it is stated that co-accused Mohan Kumar stabbed him with a knife in his stomach as a result of which he fell down injured. The accused persons ran away.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.43080 of 2024(2) dt.20-07-2024 2/2 petitioners have been falsely implicated in the case. The specific overt-act as alleged in the FIR is against co-accused Mohan Kumar and not the petitioners herein. The petitioners have no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the specific overt-act being against co-accused Mohan Kumar and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fatuha P.S. Case no. 872 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Patna City at Patna.

(Partha Sarthy, J) Shiv/- U T