Subham Kumar vs The State Of Bihar on 22 November, 2019

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Patna High Court - Orders

Subham Kumar vs The State Of Bihar on 22 November, 2019

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63104 of 2019
                   Arising Out of PS. Case No.-50 Year-2018 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     SUBHAM KUMAR Son of Virendra Prasad
           2.    Brajesh Kumar Son of Shyam Prasad
           3.    Gulshan Kumar Son of Rajesh Prasad
           4.     Ritesh Kumar Son of Satish Prasad all are Resident of Village-Maniarganj,
                  P.S-Makhdumpur, District-Jehanabad.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shivendra Prasad
                 For the Opposite Party/s :      Mr.Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

3   22-11-2019

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, 379, 504/34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that on 27.02.2018 at about 7AM informant was going to Jehanabad to appear at matriculation examination. It is further alleged that he was interrupted by all the accused persons at Mirabigha more and Iron@ Bittu pointed pistol on his head and other accused persons assaulted his with rod and Gulshan Kumar snatched his gold ring and unknown persons snatched his gold necklace.

Patna High Court CR. MISC. No.63104 of 2019(3) dt.22-11-2019 2/2 Learned counsel for the petitioners submits that petitioners are innocent, committed no offence and have been falsely implicated in this case. He submits that the police after investigation submitted charge-sheet against all the accused persons and the learned court below took cognizance under Sections 341, 323, 307, 504/34 IPC. Learned counsel further submits that the injuries upon the informant have been found to be simple in nature. He further submits that petitioners have no criminal antecedent.

In the 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 bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad in connection with Makhdumpur (Tehta) Police Station Case No. 50 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/-

U      T

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Patna High Court - Orders