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Patna High CourtCR. MISC./56947/2023allowed

Shashi Kumar v. The State Of Bihar

2023-12-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56947 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- BELCHHI District- Patna ====================================================== 1.

SHASHI KUMAR S/o- SRI RAJ KUMAR PRASAD Village- Barah PsBelchi Dist- Patna 2.

Niranjan Kumar @ Lalan son of Late Sitaram Mahto Village- Barah PsBelchi Dist- Patna 3.

Rajnish Kumar @ Rijish Kumar son of Kishor Prasad Village- Barah PsBelchi Dist- Patna 4.

Sunita Devi wife of Arun Kumar Village- Barah Ps- Belchi Dist- Patna 5.

Kiran Devi wife of Raj Kumar Prasad Village- Barah Ps- Belchi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh For the Opposite Party/s :

Mr. Kumar Veerendra Narayan Mr. Gopal Pandey Mr. Prakash Ranjan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 325, 307, 354, 379, 504, 506 of the Indian Penal Code and 27 of Arms Act.

3. Allegedly, the petitioners along with other co-accused persons assaulted the informant's side by means of several

Patna High Court CR. MISC. No.56947 of 2023(3) dt.12-12-2023 2/3 weapons due to which they sustained injuries.

4. 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 allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the injuries are of simple nature which is also apparent from the injury report enclosed in the case diary. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, 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

Patna High Court CR. MISC. No.56947 of 2023(3) dt.12-12-2023 3/3 court below where the case is pending/Successor Court in connection with Belchi P.S. Case No.67 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T