Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54573 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.
Awadhesh Kumar SON OF DEWAN SINGH VILLAGE- SONAWAN, PSDIDARGANJ, DIST- PATNA 2.
ARUN KUMAR SON OF DEWAN SINGH VILLAGE- SONAWAN, PSDIDARGANJ, DIST- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar , Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341 , 323 , 337, 338 , 307, 504 and 506 of the Indian Penal Code and 27, 25 (1-b)/a/26/35 of Arms Act.
3 . Allegation against these petitioners is that they along with other co-accused persons assaulted informant by means of bricks and stones. It is further alleged that accused persons also fired upon informant due to whch he sustained injury .
4. It is submitted on behalf of the petitioners that
Patna High Court CR. MISC. No.54573 of 2024(2) dt.04-09-2024 2/2 specific accusation of causing fire arm injury is against other co-accused persons namely Anuj Kumar and Viru Kumar . So far as these petitioners are concerned, there is no specific allegation of commission of assault against them. They are only alleged to be the members of mob. Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the fact that there is no specific allegation of commission of assault against these petitioners, clean antecedent of these appellants and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged 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 the learned Judicial Magistrate First Class, Patna City District Patna in connection with Didarganj P.S. Case No. 123 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T