Shubham Kumar @ Shubham Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81133 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- TATARPUR District- Bhagalpur ====================================================== 1.

Shubham Kumar @ Shubham Yadav S/O Mahesh Yadav Resident of Village- Urdu Bazar, P.S.- Tatarpur, Dist- Bhagalpur 2.

Manish Kumar @ Manish Yadav S/O Mahesh Yadav Resident of VillageUrdu Bazar, P.S.- Tatarpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they with intention to kill put the rope around the neck of the informant and pulled the rope as a result the informant became unconscious.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that all Sections of IPC are bailable except Section 379 of IPC and the same is attributed against co-accused

Patna High Court CR. MISC. No.81133 of 2024(2) dt.10-12-2024 2/2 Birju Yadav. He submits that occurrence took place on 16.02.2024 but the FIR has been lodged on 19.02.2024 after delay of 3 days without explaining any reasonable cause of delay. He further submits that petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is delay in lodging the FIR, 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 Tatarpur P.S. Case No. 57 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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