Bharosha Mahto @ Bharosa Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77837 of 2019 Arising Out of PS. Case No.-312 Year-2019 Thana- BEUR District- Patna ====================================================== 1.

BHAROSHA MAHTO @ BHAROSA KUMAR Son of Late Churawan Singh @ Churam Singh, 2.

Sunny Kumar, Son of Late Churawan Singh @ Churaman Singh, 3.

Maranjay Kumar @ Mirtunjay Kumar, Son of Late Churawan Singh @ Churaman Singh, 4.

Amar Kumar, Son of Sri Brijnandan Singh @ Brijnandan Singh, 5.

Manish Kumar, Son of Sri Brijnandan Singh @ Brijnandan Singh, 6.

Babloo Kumar, Son of Sri Brijnandan Singh @ Brijnandan Singh, 7.

Joshi Kumar, Son of Sri Brijnandan Singh @ Brijnandan Singh, 8.

Vicky Kumar, Son of Late Daya Singh @ Late Daya Mahto, 9.

Alok Kumar Son of Sri Sujit Kumar, All Residents of Village-Brahampur, P.S.-Beur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 379, 504, 506 of the Indian Penal Code.

Prosecution case in short is that the informant Ashok Kumar on 22.08.2019 at about 8.30 pm was going to purchase medicine at Brahampur Bazar, when he reached near Suman Light House all the accused persons surrounded him and assaulted him with rod and lathi. It is further alleged that a chain from his neck

Patna High Court CR. MISC. No.77837 of 2019(2) dt.29-11-2019 2/2 and a ring have also been snatched away by the accused persons. The informant has received injuries on head due to this assault. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners. There is general and omnibus. There is case of counter case. The petitioner no. 3 Mritunjay Kumar has lodged an FIR being Beur P.S. Case 257 dated 16.08.2019 in which informant of the present case is one of the accused. The informant of the present case along with others has committed offences relating to road rage and threat. The petitioners have clean antecedent.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Patna, in connection with Beur P.S. Case No. 312 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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