Ripu Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44505 of 2022 Arising Out of PS. Case No.-506 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.

RIPU KUMAR @ KALLU Son of Nagendra Ray Resident of Paharichak, P.S.- Sonepur, District - Saran (Chapra).

2.

Pintu Kumar Rai Son of Rambabu Rai Resident of Paharichak, P.S.- Sonepur, District - Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8.

14-07-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on 29.08.2021 at about 7:30 PM, all the F.I.R. named accused persons including petitioners, variously armed, came at the door of informant and started abusing and on protest, assaulted informant, his father and his nephew. It is further alleged that co-accused Krishna Rai and Prem Kumar Rai shot at the head of father of informant, whereas, petitioners are alleged to have assaulted nephew of informant (Arvind Kumar Rai) with iron rod causing injuries below eye and on the head. Father of informant was taken to

Patna High Court CR. MISC. No.44505 of 2022(8) dt.14-07-2023 2/2 hospital where in course of treatment, he died.

4. It is submitted on behalf of petitioners that petitioners are not assailant of the deceased. Specific allegation of firing is against other co-accused persons. Though, petitioners are alleged to have assaulted Arvind Kumar Rai (nephew of informant), but there is no injury report in respect of his injury on record. Petitioners have got clean antecedent.

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

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Sonepur P.S. Case No. 506 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T