Rajesh Singh @ Rajesh Kumar Nimi @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66522 of 2023 Arising Out of PS. Case No.-347 Year-2023 Thana- GOPALPUR District- Patna ====================================================== 1.

Rajesh Singh @ Rajesh Kumar Nimi @ Rajesh Kumar Son Of Late Ravindra Singh Village- Chak Bairiya, Ps- Gopalpur, Dist- Patna 2.

Mukesh Kumar Singh @ Jangal Singh Son Of Dineshwar Singh VillageChak Bairiya, Ps- Gopalpur, Dist- Patna 3.

Ashok Kumar Singh Son Of Dineshwar Singh Village- Chak Bairiya, PsGopalpur, Dist- Patna 4.

Ajay Singh @ Ajay Kumar @ Jay Shri Ram Son Of Dineshwar Singh Village- Chak Bairiya, Ps- Gopalpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. A notice has been issued to opposite party no. 2 and as reported by the Postel Peon, the O.P. No. 2 refused to take registered cover notice. Considering this fact, let the notice is treated to be validly served upon O.P. No. 2.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354, 384, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.66522 of 2023(3) dt.17-05-2024 2/3

4. Allegedly, all the accused persons including the petitioners are said to have assaulted the informant and her husband and also fired from pistol with intention to kill her husband.

5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that nobody had received any injury in the alleged occurrence. There is no specific overt act against the petitioners. He further submits that some of the co-accused have been enlarged on bail by this Court vide order dated 02.11.2023 passed in Cr. Misc. No. 66014 of 2023 and vide order dated 19.04.2024 passed in Cr. Misc. No. 27981 of 2024. Petitioners no. 1 and 2 have one criminal antecedent and petitioners no. 3 and 4 have no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Having regard to 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

Patna High Court CR. MISC. No.66522 of 2023(3) dt.17-05-2024 3/3 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 lower Court where the case is pending/successor Court in connection with Gopalpur P.S. Case No.347 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T