Rohit Kumar @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49369 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== 1.

ROHIT KUMAR @ SAURAV KUMAR S/o Sashi Bhushan Singh R/VFatehpur, P.S- Fatehpur, Dist- Gaya 2.

Golu Kumar @ Gaurav Kumar Son of Sashi Bhushan Singh R/V- Fatehpur, P.S- Fatehpur, Dist- Gaya 3.

Aman Kumar Son of Gore Singh R/V- Fatehpur, P.S- Fatehpur, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504, 34 of the Indian Penal Code.

Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant by means of various weapons.

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. No such

Patna High Court CR. MISC. No.49369 of 2022(2) dt.08-12-2022 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that as far as the injury report is concerned, the same is simple in nature and has not been caused by iron rod. Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant have opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 Fatehpur P.S. Case No.80 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T