Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53262 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

SHUBHAM KUMAR S/O BIVASH SINGH Resident of villageKorchakka, P.S.- Naugachiya, District- Bhagalpur. 2.

NITESH KUMAR S/O PRADEEP SINGH Resident of village- Korchakka, P.S.- Naugachiya, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 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 366A/34 of the Indian Penal Code.

The allegation against the petitioners is that they are involved in the kidnapping of the daughter of the informant. 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 occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.53262 of 2022(3) dt.23-01-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that several similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 17.05.2022 passed in Cr. Misc. No.18839 of 2022 and in Cr. Misc.17167 of 2022. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as similarly situated co-accused persons have been granted bail, 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 Naugachia P.S. Case No.380 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