Sunil Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2980 of 2023 Arising Out of PS. Case No.-359 Year-2021 Thana- DESARI District- Vaishali ====================================================== 1.

Sunil Kumar Suman Son Of Birchandra Paswan R/V- Nayagaon East, P.SDesari, Dist- Vaishali 2.

Abhay Kumar Paswan Son Of Birchandra Paswan R/V- Nayagaon East, P.SDesari, Dist- Vaishali 3.

Birchandra Paswan Son Of Late Devnandan Paswan R/V- Nayagaon East, P.S- Desari, Dist- Vaishali 4.

Ratnesh Kumar Ratna @ Ratnesh Kumar Son Of Sunil Kumar Suman R/VNayagaon East, P.S- Desari, Dist- Vaishali 5.

Uday Kumar Paswan Son Of Birchandra Paswan R/V- Nayagaon East, P.SDesari, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 379, 427, 354, 504 and 506 of the Indian Penal Code.

Petitioners are said to have assaulted the informant and his family members by means of lathi as a result of which informant received injury.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to previous dispute. He submits that there is case

Patna High Court CR. MISC. No.2980 of 2023(2) dt.09-02-2023 2/2 and counter case between the parties. He submits that petitioners and informant are co-villagers having number of disputes between both the parties. He submits that no one has received injury in this occurrence. He submits that there is no specific overt act against the petitioners. Allegation levelled against the petitioners is general and omnibus. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Deshri P.S. Case No. 359 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T