Krishna Kumar @ Krishna Sharma @ Krishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78210 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== 1.
KRISHNA KUMAR @ KRISHNA SHARMA @ KRISHAN KUMAR S/o Kuldev Sharma Resident of Village - Parsa Ward No. 7 P.S.- Pipra, District - Supaul.
2.
Chandan Kumar @ Chandan Sharma Son of Kuldev Sharma Resident of Village - Parsa Ward No. 7 P.S.- Pipra, District - Supaul. 3.
Ashok Kumar Sharma @ AShok Sharma Son of Jholi Sharma Resident of Village - Parsa Ward No. 7 P.S.- Pipra, District - Supaul. 4.
Lal Bahadur Thakur @ Raju Thakur @ Lal Bhadur Thakur Son of Jhameli Thakur Resident of Village - Parsa Ward No. 7 P.S.- Pipra, District - Supaul. ... ... Petitioners.
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Patla Kumari For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 354B, 504 & 506 of the Indian Penal Code.
3. The petitioners along with 10 co-accused and 10-15 unknown persons being armed with various weapons are said to have come to the door of the informant, attacked and assaulted him and his family members.
4. It is submitted by learned counsel for the petitioners that no
Patna High Court CR. MISC. No.78210 of 2023(4) dt.07-03-2024 2/3 such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the instant case is the counter blast of Kishanpur P.S. Case No.95 of 2023. There is admitted land dispute between the parties. Both sides have filed cases against each other. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case as well as the fact that the allegation levelled against petitioner nos.3 and 4 are general and omnibus in nature, let the above named petitioner nos.3 and 4, 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 Kishanpur P.S. Case No. 96 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Considering the facts and circumstances of case as also the
Patna High Court CR. MISC. No.78210 of 2023(4) dt.07-03-2024 3/3 fact that the injury attributed by petitioner nos.1 and 2 are grievous in nature, I am not inclined to enlarge petitioner nos.1 and 2 on anticipatory bail. The prayer for anticipatory bail of the petitioner nos.1 and 2 is hereby rejected. However, they are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T