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Patna High CourtCR. MISC./49526/2023bail granted

Ram Lal @ Amit Kumar Ishwar v. The State Of Bihar

2023-08-11Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49526 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== 1.

RAM LAL @ AMIT KUMAR ISHWAR Son of Murari Ishwar Resident of village - Naya Nagar Ward no. 6, P.S. - Hasanpur, Distt. - Samastipur 2.

DHARAM KUMAR @ PRANAY KUMAR Son of Late Krishan Kumar Singh @ Krishna Kumar Singh Resident of village - Naya Nagar, ward no. 2, P.S. - Hasanpur, Distt. - Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50220 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== PRITAM KUMAR SINGH @ PRITAM KUMAR SON OF LATE KRISHAN KUMAR SINGH @ KRISHNA KUMAR SINGH R/O-NAYA NAGAR, WARD NO. 2, P.S.-HASANPUR, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49526 of 2023) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr.Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP (In CRIMINAL MISCELLANEOUS No. 50220 of 2023) For the Petitioner/s :

Mr.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.49526 of 2023(2) dt.11-08-2023 2/3 with Hasanpur P.S. Case No. 101 of 2023, registered for the offences punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.

3. As per allegation, one Mukesh Kumar Choudhary lodged a written report stating therein that due to old dispute pertaining to theft of vehicle on 04.06.2023 at around 6.30 P.M., the petitioners along with two unknown persons came at his shop and started hurling abuses and assaulting. Petitioner, Pritam Kumar Singh was having a country-made pistol and others have lathi, danda etc. Petitioner Pritam Kumar fired on him with country-made pistol.

4. Learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated. As a matter of fact, the informant has a garage near the house of petitioner No. 2 in Cr. Misc. No. 49526 of 2023 and the members of informant side came to the house of the petitioners, they dismantled the household articles and had taken away a four-wheeler vehicle from his house. The learned counsel has also submitted that though there is allegation on petitioner Pritam Kumar Singh that he fired shot, but the allegation is falsified as none has suffered any kind of injuries.

5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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

Patna High Court CR. MISC. No.49526 of 2023(2) dt.11-08-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Hasanpur P.S. Case No. 101 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) SONALI/- U T