Ashwinee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45597 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== 1.

ASHWINEE KUMAR Son of Gaya Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

2.

Ajay Singh Son of Rameshwar Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

3.

Anand Singh @ Anant Singh Son of Deoraj Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

4.

Gaya Singh Son of Rameshwar Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

5.

Abhishek Kumar Son of Anil Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

6.

Anil Singh Son of Rameshwar Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

7.

Rahul Kumar Son of Pramod Singh Resident of Village - Baseta, P.S.- Imamganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 After some arguments learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition of petitioner no.1.

Permission is allowed.

The anticipatory bail petition of petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 2, 3, 4, 5 , 6 and 7 and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 147, 148, 149, 337, 448,

Patna High Court CR. MISC. No.45597 of 2022(3) dt.06-12-2022 2/2 341, 323, 324, 325 and 307 of the IPC.

As per the prosecution case, all these petitioners along with co-accused persons armed with deadly weapons came to the door of the informant and started abusing his father. When he objected, co-accused Ashwinee Kumar assaulted with iron rod on the nose of the father of the informant. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against other petitioners. No specific overt-act has been made against these petitioners. On account of land dispute between the parties, the occurrence took place.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner nos. 2, 3, 4, 5, 6, and 7 above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Suchit Bajpayee learned J.M. 1st Class, Sherghati, Gaya in connection with Imamganj P.S. Case No. 95 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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