Deepak Kumar @ Dipak Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63753 of 2018 Arising Out of PS. Case No.-972 Year-2017 Thana- BIHTA District- Patna ======================================================

1. Deepak Kumar @ Dipak Kumar, S/o Mahesh Yadav,

2. Pinku Kumar, S/o Suresh Yadav, Both the resident of VillageDilawarpur, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 326, 307, 504 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that while the informant was loading sand in the vehicle, the accused persons, variously armed, came near the vehicle and assaulted the informant and his family members.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.63753 of 2018(3) dt.20-11-2018 2/2 present case. The general and omnibus allegation has been made against the petitioners. No specific allegation is attributed against the petitioners. Specific allegation of assault is made against co-accused Dhananjay Kumar who is alleged to have assaulted Amod Yadav and Arbind Yadav.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Bihta P.S. Case No. 972/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T