← Library
Patna High CourtCR. MISC./45850/2024allowed

Pawan Kumar v. The State Of Bihar

2024-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45850 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== 1.

Pawan Kumar Son of Late Sahanand Yadav Resident of Village - Nisarpura, P.S.- Parsa Bazar, District - Patna.

2.

Sanjit Kumar @ Jatela Son of Sahdeo Rai @ Ganauri Rai Resident of Village - Nisarpura, P.S.- Parsa Bazar, District - Patna. 3.

Rahul Kumar Son of Ashok Yadav @ Bhulak Rai Resident of Village - Nisarpura, P.S.- Parsa Bazar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 325, 379, 504, 506 and 34 of the IPC.

3.

As per the FIR, the petitioners and other co-accused persons assaulted the informant with an intention to kill him. The accused persons snatched Rs.2500/- and a golden chain from the informant. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.45850 of 2024(2) dt.24-07-2024 2/2 The allegation leveled against the petitioners is not specific rather general and omnibus in nature. He further submits that the specific allegation is against co-accused Bhola Kumar, as he assaulted the informant due to which he sustained grievous injury. There is no specific overt act against the present petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Parsa Bazar P.S. Case No.192 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T