Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60037 of 2022 Arising Out of PS. Case No.-261 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

KISHAN KUMAR Son of Shivchandra Ray R/V- Barwa Khurd, P.SKundwachainpur, Dist- East Champaran 2.

Shyamnandan Ray @ Shyamnand Ray @ Shyamanand Ray Son of Ramkaran Ray R/V- Barwa Khurd, P.S- Kundwachainpur, Dist- East Champaran 3.

Vikash Ray @ Vikash Kumar Son of Shyamnandan Ray @ Shyamnand Ray @ Shyamanand Ray R/V- Barwa Khurd, P.S- Kundwachainpur, Dist- East Champaran 4.

Umanath Ray @ Umanath Prasad Yadav Son of Ramkaran Ray R/V- Barwa Khurd, P.S- Kundwachainpur, Dist- East Champaran 5.

Manoj Ray @ Manoj Kumar Son of Kapildeo Ray R/V- Barwa Khurd, P.SKundwachainpur, Dist- East Champaran 6.

Hari Ray @ Narmarayan Rai Son of Jatan Ray R/V- Barwa Khurd, P.SKundwachainpur, Dist- East Champaran 7.

Ramadhar Ray Son of Late Sharablal Ray R/V- Barwa Khurd, P.SKundwachainpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Learned counsel for the petitioners after making some arguments, realizing her difficulty, seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos. 3, 5, 6 and 7.

Accordingly, the present anticipatory bail application with respect to petitioner nos. 3, 5, 6 and 7 is dismissed as withdrawn.

Patna High Court CR. MISC. No.60037 of 2022(3) dt.20-06-2023 2/3 Heard learned counsel for the petitioner nos. 1, 2 and 4 and learned A.P.P. for the State.

The petitioner nos. 1, 2 and 4 apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner nos. 1, 2 and 4 submits that petitioner nos. 1 and 2 are persons with clean antecedent and petitioner no. 4 has antecedent of two cases. It is further submitted that both the cases against the petitioner no. 4 have been instituted by the side of the informant on account of existing dispute. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific overt act of assault is alleged against petitioner nos. 1, 2 and 4. It is also submitted that there is a case and counter case. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioner nos. 1, 2 and 4, the petitioner nos. 1, 2 and 4 above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.60037 of 2022(3) dt.20-06-2023 3/3 bonds of Rs.10,000/- (Rupees Ten 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 Kundwachainpur P.S. Case No. 261 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T