Binod Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3680 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

BINOD KUNWAR S/o Late Shubhakaran Kunwar Resident Of Village- Sri Ram Pipra P.S. Bahadurpur(Pator OP), District- Darbhanga. 2.

Ram Kumari Devi W/o Sri Binod Kunwar Ram Kumari Devi wrongly mentioned as Raj Kumar Devi. Resident Of Village- Sri Ram Pipra P.S. Bahadurpur(Pator OP), District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Shama Sinha For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 354(B), 427, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that they assaulted the informant and his family members by means of several weapons due to which they got injured.

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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.3680 of 2023(2) dt.10-02-2023 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. The petitioner nos.1 and 2 are senior citizens. He further submits that the specific allegation is against the co-accused namely, Vikram Kunwar to assault the informant. The injuries are found to be simple in nature. Petitioners have no criminal antecedent.

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

Having regard to the facts and circumstances of the case, 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 GR- 2308/2022 arising out of Bahadurpur (Patour O.P.) P.S. Case No.370 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T