Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73897 of 2023 Arising Out of PS. Case No.-229 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== 1.

RAUSHAN KUMAR SON OF SHRI SANJAY SHARMA VILLAGE BARA PS KURTHA, DIST- ARWAL, BIHAR 2.

RANJAY KUMAR@RANJAY SHARMA RAGHUVANSH SINGH VILLAGE BARA PS KURTHA 3.

SANJAY SHARMA SON OF SHRI RAGHUVANSH SINGH VILLAGE BARA PS KURTHA, DIST- ARWAL, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Koushlendra Narayan For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 448, 341, 323, 324, 354, 379, 504 and 506 of the Indian Penal Code.

3. As per the FIR, the petitioners along with other coaccused persons assaulted the informant's side by means of deadly weapons.

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

Patna High Court CR. MISC. No.73897 of 2023(4) dt.09-04-2024 2/2 general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the nature of injury is not disclosed in the impugned order. He further submits that the petitioners have been granted the benefit of Section 41A of Cr.PC. Petitioners have two criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as both sides have sustained injuries, 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 Kurtha P.S. Case No.229 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T