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Patna High CourtCR. MISC./3048/2023bail granted

Adarsh Raj @ Kisu Kumar v. The State Of Bihar

2023-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3048 of 2023 Arising Out of PS. Case No.-267 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Adarsh Raj @ Kisu Kumar S/O Mr. Ghanshyam Patel @ Jai Ghanshyam Resident Of Village- Chaupar Madan, P.S.- Bochahan, District- Muzaffapur. 2.

Harsh Raj @ Kisan Kumar S/O Mr. Ghanshyam Patel @ Jai Ghanshyam Resident Of Village- Chaupar Madan, P.S.- Bochahan, District- Muzaffapur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms/Mrs. Vaishnavi Singh, Advocate Mr. Rithik Thakur, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 504,506,506/120B and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

Prosecution's case, in short, is that in a clash between supporters of present Mukhiya and ex-mukhia, firing took place from both sides due to which members of both sides sustained injuries.

Learned counsel appearing for the petitioners submits that the petitioners are not named in the FIR. Their name has

Patna High Court CR. MISC. No.3048 of 2023(2) dt.11-04-2023 2/2 figured during course of investigation in confessional statement of co-accused. No overt act has been alleged against these petitioners. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide paragraph 16 of the bail petition. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1 Muzaffarpur in Bochahan Police Station Case No. 267 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T