Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86611 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Sunil Kumar Son of Rajesh Kumar Resident of Village- Mishrauli, P.S.- Kuchaikote, Distt.- Gopalganj, Bihar 2.

Shailesh Kumar @ Shailesh Yadav Son of Ganesh Chaudhary Resident of Village- Shashamusa, P.S.- Kuchaikote, Distt.- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 308(5), 308(6), 308(7), 3(5) of B.N.S. and Section 25(1-b)a, 26/35 of the Arms Act.

3. As per the prosecution case, informant's son along with his friends went to Kuchaikote. In the meanwhile, on 2-3 motorcycles some persons came and by holding her son, got boarded on motorcycle and began to flee. In the meantime, the villagers chased them, then they alighted her son from the motorcycle and began showing pistol and in the meantime one person fell down, who disclosed his name as Prince Kumar.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.86611 of 2024(2) dt.18-12-2024 2/2 this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the names of the petitioners has been dragged in the instant case on the basis of disclosure made by the apprehended coaccused, Prince Kumar. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case and the fact that the petitioners have no criminal antecedent, 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 lower Court where the case is pending/successor Court in connection with Kuchaikote P.S. Case No.329 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S.

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