Himansu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41160 of 2020 Arising Out of PS. Case No.-165 Year-2020 Thana- SANDESH District- Bhojpur ====================================================== 1.

HIMANSU KUMAR, SON OF TENGARI PASWAN R/O VILLAGE RAMPUR P.S. SANDESH, DISTRICT-BHOJPUR.

2.

RAMA SHANKER RAM, SON OF BUDHLAL R/O VILLAGE RAMPUR P.S. SANDESH, DISTRICT-BHOJPUR.

3.

MUNNA PASWAN, SON OF HARI NARAYAN PASWAN R/O VILLAGE RAMPUR P.S. SANDESH, DISTRICT-BHOJPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard Mr. Anil Kumar, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Sandesh P. S. Case No. 165 of 2020, dated 21.05.2020, instituted for the offences under Sections 147, 149, 341, 323, 325, 337, 338, 307 and 506 of the Indian Penal Code.

An occurrence took place when the petitioner no. 1 was prevented by the husband of the informant in walking in front of the quarantine centre. This led to a

Patna High Court CR. MISC. No.41160 of 2020(2) dt.22-06-2021 2/3 retaliation and the petitioners and others resorted to brick-bats.

The learned counsel for the petitioners has submitted that a false case has been instituted against the petitioners. In fact, the sister-in-law of the petitioner no. 3 had lodged a case against the husband of the informant under the SC & ST Act and the present F.I.R. is only in retaliation to the afore-mentioned F.I.R. by the sister-in-law of petitioner no. 3. There is no specific accusation against the petitioners.

Considering the background facts and the vague nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Shri Sushan Kumar,

Patna High Court CR. MISC. No.41160 of 2020(2) dt.22-06-2021 3/3 Additional Chief Judicial Magistrate 1st Class, Bhojpur at Ara, in connection with Sandesh P. S. Case No. 165 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T