Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.650 of 2023 Arising Out of PS. Case No.-117 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.

Bhushan Kumar Son Of Devendra Ray @ Devendra Yadav R/V- Manjhala Bigha, P.S- Pandarak, Dist- Patna 2.

Rahul Kumar @ Rahul Yadav Son Of Devendra Ray @ Devendra Yadav R/V- Manjhala Bigha, P.S- Pandarak, Dist- Patna 3.

Veer Kumar @ Balbir Kumar Son Of Devendra Ray @ Devendra Yadav R/V- Manjhala Bigha, P.S- Pandarak, Dist- Patna 4.

Devendra Ray @ Devendra Yadav Son Of Late Kesho Ray R/V- Manjhala Bigha, P.S- Pandarak, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are said to have assaulted the informant, his son, wife and daughter by means of lathi as a result of which they received injury.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that though the petitioner no. 1 assaulted the informant on head by means of

Patna High Court CR. MISC. No.650 of 2023(2) dt.23-03-2023 2/2 lathi but the injury upon the injured is simple in nature. He submits that there is no fire arms injury of any persons was found, hence, Section 27 of the Arms Act is not made out against the petitioners. He further submits that petitioner no. 3 has no criminal antecedent and petitioner nos. 1, 2 and 4 have one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the injury found upon the injured is simple nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Pandarak P.S. Case No. 117 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T