Shyam Kumar vs The State Of Bihar on 5 May, 2022

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Patna High Court - Orders

Shyam Kumar vs The State Of Bihar on 5 May, 2022

Bench: Sunil Kumar Panwar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.8768 of 2021
           Arising Out of PS. Case No.-36 Year-2020 Thana- KALER District- Jehanabad
     ======================================================
1.    Shyam Kumar S/O Gorakh Paswan R/O Village Upadhya Bigha P.S. Kaler
      District Arwal
2.   Krishna Paswan S/O Gorakh Paswan R/O Village Upadhya Bigha P.S. Kaler
     District Arwal
3.   Anuj Kumar S/O Gorakh Paswan R/O Village Upadhya Bigha P.S. Kaler
     District Arwal
4.   Dharmendra Paswan S/O Late Awadhesh Paswan R/O Village Upadhya
     Bigha P.S. Kaler District Arwal
5.   Ashok Paswan @ Ashok Kumar S/O Late Awadhesh Paswan R/O Village
     Upadhya Bigha P.S. Kaler District Arwal
6.   Rajeev Ranjan @ Sipahi S/O Late Rajaram Paswan R/O Village Upadhya
     Bigha P.S. Kaler District Arwal
7.   Girja Paswan S/O Dinesh Paswan R/O Village Upadhya Bigha P.S. Kaler
     District Arwal
8.   Vishwakarma Paswan S/O Dinesh Paswan R/O Village Upadhya Bigha P.S.
     Kaler District Arwal
9.   Kundan Kumar S/O Ramvilas Paswan R/O Village Upadhya Bigha P.S.
     Kaler District Arwal
10. Manish Kumar S/O Ramvilas Paswan R/O Village Upadhya Bigha P.S.
    Kaler District Arwal
11. Sahja Paswan @ Sahjanand Paswan S/O Late Dhanesh Paswan R/O Village
    Upadhya Bigha P.S. Kaler District Arwal
12. Chitranjan Paswan S/O Late Dhanesh Paswan R/O Village Upadhya Bigha
    P.S. Kaler District Arwal
13. Nitish Kumar S/O Budhan Paswan R/O Village Upadhya Bigha P.S. Kaler
    District Arwal
14. Manju Devi W/O Girja Paswan R/O Village Upadhya Bigha P.S. Kaler
    District Arwal
15. Sharda Devi W/O Vishwakarma Paswan R/O Village Upadhya Bigha P.S.
    Kaler District Arwal
16. Lalo Devi W/O Budhan Paswan R/O Village Upadhya Bigha P.S. Kaler
    District Arwal

                                                                       ... ... Petitioner/s
                                           Versus
     THE STATE OF BIHAR                     ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :       Mr. Paras Nath
     For the Opposite Party/s :       Mr. APP
     ======================================================
          Patna High Court CR. MISC. No.8768 of 2021(4) dt.05-05-2022
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                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                    ORAL ORDER

4   05-05-2022

Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kaler P.S. Case no. 36 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 323, 341, 324, 326, 307 and 379 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegations have been levelled against the petitioners. Specific allegation is against Mithu Kumar, who has assaulted on the father of the informant and Vishal Kumar, who has assaulted to the grandfather of the informant resulting into his hand fracture and both the co-accused are not the petitioners. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. They have got no criminal antecedent.

Patna High Court CR. MISC. No.8768 of 2021(4) dt.05-05-2022 3/3 Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kaler P.S. Case no. 36 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Arwal subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/-

U      T

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Patna High Court - Orders