Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74697 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- NADI P.S. District- Patna ====================================================== 1.
Bipin Kumar S/O Bhuneshwar Ray Resident Of Village-Jethuli, PSNadi,Distt-Patna 2.
Nitish Kumar @ Nitesh Kumar S/O Vijay Ray Resident Of Village-Jethuli, PS- Nadi,Distt-Patna 3.
Vikash Kumar S/O Jagdish Ray Resident Of Village-Jethuli, PS- Nadi,DisttPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Praveen Kumar, Advocate For the State :
Mr. Jagdhar Prasad, APP For the Informant :
Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, informant, namely Pratima Kumari, alleged that on 10.06.2024 at around 12 o'clock in the afternoon, all the F.I.R. named accused persons, including these petitioners, along with 100-150 unknown persons, surrounded the informant and others and abused them and searched for eyewitnesses of Nadi P.S. Case No. 76 of 2023 with intention to kill
Patna High Court CR. MISC. No.74697 of 2024(4) dt.04-04-2025 2/3 them. It is further alleged that all the accused persons entered into house of Late Gautam Kumar and started firing and threatened to kill. Thereafter, Nadi Police was informed and after arrival of police, the informant could come out of house.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, these petitioners are not accused in Nadi P.S. Case No. 76 of 2023 for which the present alleged occurrence took place for pressurizing the witnesses of the said case not to depose. It is further submitted that as per prosecution case, 36 named accused persons, including these petitioners and 100-150 unknown persons made indiscriminate firing but no one was injured which itself creates doubt on the prosecution case. There are general and omnibus allegations and there is no specific accusation of overt act against these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
Patna High Court CR. MISC. No.74697 of 2024(4) dt.04-04-2025 3/3
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned Judicial Magistrate 1st Class, Patna in connection with Nadi P.S. Case No. 185 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T