Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63566 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Rahul Kumar Son of Late Sunil Ram Resident of Village - Kumahu, P.S.- Sheosagar, District - Rohtas.

2.

Ayodhya Kumar Son of Sri Bhagwan Ram Resident of Village - Kumahu, P.S.- Sheosagar, District - Rohtas.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners seeks anticipatory bail in connection with Sheosagar P.S. Case No. 38 of 2021 registered for the offences under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

The main submissions advanced by learned counsel for the petitioners are that there is no specific allegation against the petitioners, they have been made accused merely on account of being family members of the main accused and on the person of the sole injured namely Dipak Kumar only one injury was found which clearly reflects from order of learned Court below

Patna High Court CR. MISC. No.63566 of 2021(2) dt.15-06-2022 2/2 and the same is not alleged to have been caused by present petitioners and both the petitioners have got clean antecedent. Learned APP has vehemently opposed the bail petition.

Having Considered the above submissions and mainly the fact that there is no specific allegation against the petitioners and any specific role of them has not been mentioned in the FIR and as per the prosecution story the main injury found on the head of the injured namely Dipak Kumar is not alleged to have been caused by the petitioners, in the light of these facts let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the 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 satisfaction of Court concerned in connection with Sheosagar P.S. Case No. 38 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shailendra Singh, J) siddharthkr/- U