Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57799 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

Arun Kumar Son of Jamun Rai Resident of Village - Shahpur, P.S.- Shahpur, District- Patna 2.

Gopal Rai Son of Late Janak Rai Resident of Village - Shahpur, P.S.- Shahpur, District- Patna 3.

Bujju Rai @ Birju Rai Son of Late Janak Rai Resident of Village - Shahpur, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 30 of 2019 registered for the offence punishable under Sections 147, 341, 323, 379, 307, 504 of the Indian Penal Code.

On claiming dues money by the uncle of the informant, seven accused persons including the petitioners armed with weapons intruded into his shop and assaulted him on his head by means of lathi, danda, hockey stick inflicting head injury to him. When his cousin brother rushed in his rescue, they

Patna High Court CR. MISC. No.57799 of 2019(3) dt.16-11-2019 2/3 assaulted him while co-accused Pintu assaulted on his head by means of rod. They damaged the articles of the shop and looted away sale proceeds of Rs. 2000/-.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. As a matter of fact, brother of the petitioner no. 1, namely, Akhilesh Kumar Rai has lodged Shahpur P.S. Case No. 28 of 2019 against the informant and others proceeding to the case under hand, and in order to save skin from the said case, informant has lodged this false and frivolous case against the petitioners. Allegation levelled against the petitioners is not specific rather general and omnibus in nature. Victims have sustained simple injury caused by hard blunt substance. Petitioners have no criminal antecedent. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, 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. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur

Patna High Court CR. MISC. No.57799 of 2019(3) dt.16-11-2019 3/3 (Patna) in connection with Shahpur P.S. Case No. 30 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T