Sudhanshu Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37287 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -ALOULI District- KHAGARIA ======================================================

1. Sudhanshu Kumar, son of Rajesh Yadav, resident of village- Siswa, P.S.- Alauli, District- Khagaria.

2. Chandra Kishore Madal, son of Ramdeo Madal, resident of villageRampur-Alauli, P.S.- Alauli, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,384,365 and 427 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that the accused persons came variously armed and resorted to indiscriminate firing. It is alleged that co accused Ajay Mandal made indiscriminate firing from his licensed rifle and threatened for making payment of extortion amount of rupees one lac. It is further alleged that co accused Ajay Kumar Mandal kidnapped Mantu Kumar.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.37287 of 2015 (2) dt.15-09-2015 2/2 that the petitioners are agnates of the informant and co accused Ajay filed petition before the SDM, Khagaria on 9.3.2015 and 17.3.2015 against the informant side, thereafter the present FIR has been lodged on 17.3.2015. Admittedly, no injury was caused when there is specific accusation against Ajay Kumar Mandal. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. More over, the victim namely Mantu Kumar who was kidnapped, has not named these petitioners.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Alauli P.S. Case No.64 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T