Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45524 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Sunil Kumar Son Of Late Arun Mandal Resident Of Village- Sadhopur, PsGopalpur (RANGARA O.P.), District- Bhagalpur 2.

Azad Mandal @ Azad Kumar Son Of Late Bhothri Mandal Resident Of Village- Sadhopur, Ps- Gopalpur (RANGARA O.P.), District- Bhagalpur 3.

Mira Devi Wife Of Late Arun Mandal Resident Of Village- Sadhopur, PsGopalpur (RANGARA O.P.), District- Bhagalpur 4.

Gunjan Kumari Daughter Of Late Arun Mandal Resident Of VillageSadhopur, Ps- Gopalpur (RANGARA O.P.), District- Bhagalpur 5.

Pawo Devi @ Pawtri Devi @ Parwati Das Wife Of Juri Mandal Resident Of Village- Sadhopur, Ps- Gopalpur (RANGARA O.P.), District- Bhagalpur 6.

Punam Devi @ Ruchi Kumari Wife Of Bechan Mandal Resident Of VillageSadhopur, Ps- Gopalpur (RANGARA O.P.), District- Bhagalpur 7.

Budhani Devi Wife Of Bhothri Mandal Resident Of Village- Sadhopur, PsGopalpur (RANGARA O.P.), District- Bhagalpur 8.

Shila Devi @ Mira Devi Son Of Ram Singh @ Raman Resident Of VillageSadhopur, Ps- Gopalpur (RANGARA O.P.), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Adv For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the petitioners, and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 333, 326, 332, 353, 427, 379, 436, 504 and 506 of the Indian Penal Code and section 27 of

Patna High Court CR. MISC. No.45524 of 2023(4) dt.08-02-2024 2/3 the Arms Act and 3⁄4 of the Property Damage Act.

3. As per the FIR, the allegation against the petitioners along with other co-accused persons is that they assembled and protest on Bakrid Festival, the police party firing causing injury to the child and the child was injured by the police gun shot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is no specific overt act has been levelled against the petitioners and the injury was found simple in nature. The petitioners have got eleven antecedents.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstance and nature of simple injury, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gopalpur ( Rangara

Patna High Court CR. MISC. No.45524 of 2023(4) dt.08-02-2024 3/3 O.P) P.S. Case No. 336 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T