Abhishek @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65278 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

ABHISHEK @ ABHISHEK KUMAR S/O Harish Chandra Prasad R/O Nawama @ Noanwan, P.S- Asthawan, District- Nalanda 2.

Harish Chandra Prasad S/O Late Kailash Mahto R/O Nawama @ Noanwan, P.S- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under section 147, 148, 149, 341, 323, 325, 384, 504 and 506 of the Indian Penal Code. As per the prosecution case, the petitioners and the co-accused persons demanded Rs. 50,000/- as ransom while the informant was engaged in thrashing wheat crop. The co-accused persons also threatened of dire consequences and fired five

Patna High Court CR. MISC. No.65278 of 2022(2) dt.13-03-2023 2/2 rounds which hit on the nose of the informant. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case due to village politics. There is no fire arms injury to the informant. He has sustained simple injury caused by hard and blunt substance. The allegation under section 384 of the IPC is not made out against the petitioner and the other sections are bailable in nature. The petitioners are also accused in one more criminal case as stated in para 3 of the bail petition. The petitioners are in custody since 07.08.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Biharsharif, Nalanda, in connection with Asthawan P.S. Case No. 96 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T