Indal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67611 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- KARAHGAR District- Rohtas ====================================================== 1.
Indal Kumar Son of Hari Prasad Ram Resident of Village- Torani, PSKarahagar Distt.- Rohtas 2.
Sajan Kumar Son of Hari Prasad Ram Resident of Village- Torani, PSKarahagar Distt.- Rohtas 3.
Ranjan Kumar Son of Hari Prasad Ram Resident of Village- Torani, PSKarahagar Distt.- Rohtas ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Deepti Pandey, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Karaghar P.S. Case No. 163 of 2024 registered for the offences punishable under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that the accused persons on 09.04.2024 came and
Patna High Court CR. MISC. No.67611 of 2024(2) dt.17-10-2024 2/3 started abusing and assaulting with stick on account of which Rina Devi suffered injury while Dinesh and Manjeet suffered injury on leg and Raman Kumar snatched the golden locket of Kiran Devi worth Rs. 15,000/-.
4. Learned counsel for the petitioners submits that from bare perusal of the FIR, it would manifest that the date of occurrence is 25.04.2024 and the FIR came to be instituted on 09.06.2024 i.e. after a delay of more than 40 days without any plausible explanation which castes an aspersion on the case of the prosecution.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners and the fact that FIR was instituted after a delay of more than 40 days, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of SubJudge-XII-cum-Additional Chief Judicial Magistrate-IV, Sasaram, Rohtas in connection with Karaghar P.S. Case No. 163
Patna High Court CR. MISC. No.67611 of 2024(2) dt.17-10-2024 3/3 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C..
7. Accordingly, the application stands allowed. (Satyavrat Verma, J) annpurna/- U T