Jitan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74975 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== 1.

JITAN KUMAR S/O VINOD JHA R/O VILL - KOBAIYA P.S. - SUGAULI, DISTRICT - EAST CHAMPARAN 2.

HARENDRA YADAV S/O LATE KAILASH YADAV R/O VILL - RULAHI, P.S. - MAJHAULIYA, DIST - WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

3. Allegedly, the petitioners and other co-accused persons assaulted the informant's side by means of deadly weapons.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific allegation against the petitioners to assault the injured persons. He further

Patna High Court CR. MISC. No.74975 of 2023(2) dt.04-12-2023 2/2 submits that the specific allegation is against the co-accused Vinod Jha. He further submits that the injuries are of simple nature (Annexure-2). Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Sugauli P.S. Case No.280 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T