Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81433 of 2023 Arising Out of PS. Case No.-636 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

MANTU KUMAR SON OF KALESHWAR CHAUHAN R/O VILLAGE - BELDARIYA (AURE), P.S.- RAMGARH CHOWK, DISTRICTLAKHISARAI 2.

RAHUL KUMAR SON OF RAM PRAVESH CHAUHAN R/O VILLAGE - BELDARIYA (AURE), P.S.- RAMGARH CHOWK, DISTRICTLAKHISARAI 3.

RANA KUMAR SON OF KALESHWAR CHAUHAN R/O VILLAGE - BELDARIYA (AURE), P.S.- RAMGARH CHOWK, DISTRICTLAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP For the Informant :

Mr.Satish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 325, 379, 307 of the IPC and 27 of the Arms Act.

3.

Allegedly, all the accused persons surrounded the cousins of the informant and one Vinod Chauhan fired upon Lalit Chauhan with intention to kill. Accused Rampravesh Chauhan fired to Brahamdev Chauhan and bullet hit on his head. 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. There is no specific

Patna High Court CR. MISC. No.81433 of 2023(2) dt.05-01-2024 2/2 overt act of committing any assault is against the petitioners rather the allegation is general and omnibus against them. Petitioner nos.1 and 3 have one criminal antecedent, as mentioned in para-2 of the supplementary affidavit and petitioner no.2 has no criminal antecedent and several similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No.37248 of 2023. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, 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 Lakhisarai (Ramgarh Chowk) P.S. Case No.636/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T