Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72618 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

AMIT KUMAR Son of Sanjay Yadav Resident of Village - Israyeen, P.S.- Kumarkhand, Distt - Madhepura.

2.

Mithun Kumar Son of Sanjay Yadav Resident of Village - Israyeen, P.S.- Kumarkhand, Distt - Madhepura.

3.

Aashish Kumar Son of Sikendar Yadav Resident of Village - Israyeen, P.S.- Kumarkhand, Distt - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners, and learned APP for the State.

The petitioners are apprehending arrest in a case registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code. The prosecution case in short is that while the informant along with her husband was sitting in her courtyard, the accused persons having variously armed came there and uttered abused. On protest made by the informant, the accused persons assaulted the informant's husband and so. It is also alleged that ornaments worth Rs. 8000/- was snatched by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.72618 of 2019(2) dt.27-11-2019 2/2 tampering of witnesses alleged against the petitioners. The specific allegation of assault is against co-accused Sikandar Yadav. Sanjay Yadav is said to have assaulted the informant's son. So far petitioners are concerned, General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. No specific injury is attributed to the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

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 Sub Divisional Judicial Magistrate, Madhepura in connection with Kumarkhand P.S. Case No. 111 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T