Kapil Yadav @ Kapil Singh @ Kapildev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76160 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== 1.

Kapil Yadav @ Kapil Singh @ Kapildev Singh S/O Late Musafir Yadav @ Musafir Singh R/O Village - Dhaknapar, P.S. Nimchak Bathani, District - Gaya.

2.

Suchit Kumar S/O Kapil Yadav @ Kapil Singh @ Kapildev Singh R/O Village - Dhaknapar, P.S. Nimchak Bathani, District - Gaya. ... ... Petitioners.

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 & 504 of the Indian Penal Code.

3. All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.76160 of 2024(2) dt.18-11-2024 2/2 against the petitioners is not specific rather general and omnibus in nature rather specific overt act has been attributed against co-accused, Vikky Kumar, Lalan Kumar and Santosh Kumar and they are authors of the grievous injury. Both sides have filed cases against each other. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as the fact that the injuries attributed by the petitioners are simple in nature, 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 lower Court where the case is pending/successor Court in connection with Neemchak Bathani P.S. Case No.122 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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