Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74738 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== 1.

SAHIL KUMAR S/O NAGENDRA SINGH R/O VILLAGE- JAMALPUR, BARAHIYA, P.S- ATHMALGOLA, DIST.- PATNA.

2.

LAKSHMAN KUMAR @ LAKSHMAN SINGH S/O ARJUN SINGH R/O VILLAGE- JAMALPUR, BARAHIYA, P.S- ATHMALGOLA, DIST.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2.

Petitioners are apprehending their arrest in connection with Athmalgola P.S. Case No.117 of 2022, registered for the offence punishable u/s 147, 148, 149, 341, 323, 302, 504 and 506 of the IPC.

3.

Allegedly, due to some altercation, the F.I.R. named accused persons armed variously arrived to the informant and assaulted the informant's side. Two of the injured died in the hospital.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any

Patna High Court CR. MISC. No.74738 of 2023(2) dt.04-12-2023 2/2 offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. There is no specific allegation against the petitioners and there is admitted land dispute between the parties. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is direct allegation against the petitioners and two persons have died. The postmortem report itself suggests that the deceased had received several injury caused by sharp cut weapons like bhala, etc.

6.

Considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T