Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44070 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- MALSALAMI District- Patna ====================================================== SHAMBHU KUMAR Son of Surendra Ray Resident of village - Rikabganj, P.S.- Malsalami, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 & 120B of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature, whereas there is allegation against the petitioner and

Patna High Court CR. MISC. No.44070 of 2022(2) dt.29-11-2022 2/2 others is that petitioner and others were throwing bricks and stone. The specific allegation is attributed against co-accused, Binod Kumar. Petitioner being the member of the mob is said to have pelted stone. Similarly situated co-accused, namely, Manoj Kumar has been enlarged on bail by this court vide order dated 14.11.2022 passed in Cr. Misc. No. 45371 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Malsalami P.S. Case No. 254 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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