Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67466 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- PUSA District- Samastipur ====================================================== 1.

SHIVA KUMAR Son of Sunil Ram Resident of Village-Mahamadpur Deopar, Police Station-Pusa, District-Samastipur. 2.

ABHIJEET KUMAR Son of Ajay Kumar Ram Resident of VillageMahamadpur Deopar, Police Station-Pusa, District-Samastipur. 3.

RAHUL RAM Son of Vijay Ram @ Vijay Kumar Resident of VillageMahamadpur Deopar, Police Station-Pusa, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023

1. Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 323, 341, 324, 504, 506, 379/34 of the Indian Penal Code and Section 27 of the Arms act.

3. As per the prosecution case, allegation against these petitioners is that they along with other co-accused

Patna High Court CR. MISC. No.67466 of 2023(2) dt.19-10-2023 2/3 persons intercepted the informant on the way and snatched Rs. 2000/- from the pocket of the informant and when he objected, all the accused persons assaulted the informant with fists and slap. It is further alleged that when the informant was going to his house, these petitioners along with other co-accused persons assaulted the informant with the butt of pistol.

4. It is submitted on behalf of the petitioners allegation of assault is general and omnibus in nature. Though there is allegation of assault, but there is no injury report on the record in support of the allegation. Petitioner no. 1 and 2 claim clean antecedents and petitioner no. 3 has one criminal antecedent in which, he is already on bail.

5. Learned counsel for the State vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in connection with Pusa P. S. Case No. 16 of 2023, subject to

Patna High Court CR. MISC. No.67466 of 2023(2) dt.19-10-2023 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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