Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62615 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.

Mithun Kumar Son of Late Bahadur Paswan Resident of Village- Rampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 2.

Bablu Kumar @ Babli Son of Poshan Paswan Resident of Village- Rampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 3.

Krishna Kumar Son of Late Raja Ram Mandal Resident of Village- Rampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 4.

Ashish Kumar Son of Rajendra Paswan Resident of Village- Rampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 5.

Hira Kumar Son of Late Raja Ram Mandal Resident of Village- Rampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 6.

Suraj Kumar @ Kariva Son of Late Prasiddh Paswan Resident of VillageRampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 7.

Ankit Kumar @ Hito @ Hitar Son of Gholat Mahto Resident of VillageRampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai 8.

Chandan Kumar Son of Manoj Mandal Resident of Village- Rampur Bahiyar, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. Prosecution case in brief is that on the alleged date

Patna High Court CR. MISC. No.62615 of 2022(3) dt.19-06-2023 2/3 and time of occurrence, all the 27 FIR named accused persons including petitioners and 10-12 unknown persons having variously armed were assaulting children who were playing cricket and youngsters. When husband of informant Manohar Singh and Sonu Kumar came to pacify the matter, the accused persons assaulted Manohar Singh with iron rod and Sonu Kumar with lathi, as a result of which both of them sustained injuries and Manohar Singh sustained grievous injury. It is submitted that allegation of assault is general and omnibus and no specific overt act has been alleged against petitioners. There is case and counter case. Petitioners are members of the mob and they have been falsely implicated in this case only on suspicion. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Lakhisarai in connection with Piri Bazar P.S. Case No.

Patna High Court CR. MISC. No.62615 of 2022(3) dt.19-06-2023 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T