Deepak Kushwaha @ Deepak Singh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54898 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

Deepak Kushwaha @ Deepak Singh Kushwaha, Son of Late Ramadhar Singh, 2.

Kanchan Devi, Wife of Deepak Kushwaha Both are residents of village- Darauli, P.S.- Ramgarh, District- Kaimur (Bhabhua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Tiwari, Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Ramgarh P.S. Case No. 103 of 2024, registered for the alleged offences under Sections 341, 323, 379, 506/34 of the Indian Penal Code.

3. As per prosecution case, while the informant, who is a CSP operator, was returning home, the petitioners assaulted him with rami and snatched Rs.46,000/- from the informant.

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners and the informant are co-villagers and

Patna High Court CR. MISC. No.54898 of 2024(2) dt.31-08-2024 2/3 some altercation took place between them over passing taunts. The informant has made the petitioner no.1 accused but has shown wrong parentage as petitioner no.1 is son of late Ramadhar Singh whereas the informant has named Shiv Shankar Kushwaha as father of the petitioner no.1. The injury report shows simple nature of injuries stated to be caused by the petitioners, but the same is not specific against any of the petitioners. The petitioners are having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the the non-serious nature of injuries and further considering the vague nature of allegation showing no motive or reason and also considering the possibility of false implication and clean antecedent, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Mohania, Kaimur at Bhabua, in connection with Ramgarh P.S. Case No. 103 of 2024, subject to the conditions

Patna High Court CR. MISC. No.54898 of 2024(2) dt.31-08-2024 3/3 mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T