Sujit Kumar @ Bitu Kumar @ Sujit Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66532 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- THAWE District- Gopalganj ====================================================== 1.

Sujit Kumar @ Bitu Kumar @ Sujit Kumar Gupta S/O- Kuwar Prasad R/OVillage- Bidesi Tola, P.S.- Thawe, Dist.- Gopalganj 2.

Sandeep Kumar @ Sandeep Kumar Gupta S/O- Kuwar Prasad R/O- VillageBidesi Tola, P.S.- Thawe, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Deepankar Raj, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Devashish Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 323, 325, 341, 447 & 504/34 of the Indian Penal Code.

3. While the father of the informant was at his door, both the petitioners along with other co-accused are said to have come there abused and assaulted him due to which his leg got fractured and he also sustained head injury.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that due to rivalry between both the parties the petitioners' family

Patna High Court CR. MISC. No.66532 of 2023(2) dt.19-10-2023 2/2 lodged case against the informant and others and in retaliation thereto, this false and fabricated case has been lodged against them. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have five criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State assisted by learned counsel for the informant opposed the prayer for bail.

6. 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 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 Thawe P.S. Case No.205 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T