Patna High CourtCR. MISC./2886/2023bail granted

Aniket Kumar @ Ankit Kumar v. The State Of Bihar

2023-05-18Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2886 of 2023 Arising Out of PS. Case No.-12 Year-2022 Thana- OBRA District- Aurangabad ====================================================== 1.

ANIKET KUMAR @ ANKIT KUMAR Son of Kamta Giri Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) 2.

VISHAL KUMAR Son of Lav Giri Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) 3.

ASHUTOSH KUMAR Son of Kamta Giri Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) 4.

ABHIJET KUMAR @ ABHIJIT KUMAR @ VICKY Son of Jaiprakash Giri Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) 5.

RAUSHAN KUMAR Son of Lav Giri Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) 6.

VISHWAKARMA GIRI Son of Late Ramanand Giri Resident of VillageRampur, P.S.- Obra, District- Aurangabad (Bihar) 7.

DIPAK KUMAR Son of Bishun Giri Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) 8.

INDAL KUMAR Son of Suresh Bharti Resident of Village- Rampur, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Obra PS Case No. 12 / 2022 dated 08-01-2022 registered under Section 147, 148, 149, 341, 323, 504, 506, 379, 307 of the IPC and Section 27 of the Arms Act.

As per the prosecution case petitioners along with

Patna High Court CR. MISC. No.2886 of 2023(3) dt.18-05-2023 2/3 other accused persons, total fifteen in number, armed with various weapons, lathi, danda, sword etc. assaulted the informant and one of the co-accused person namely, Ashish Ranjan assaulted by means of Garasa on the head of the informant due to which he sustained head injury. Learned counsel for the petitioners submits that anticipatory bail application of the co-accused / Ashish Ranjan has been rejected by this court in Cr. Misc. No. 2842 / 2023 and the allegation against the petitioners and other accused persons is general and omnibus in nature. He next submits that similarly situated co-accused / Nawal Giri has been granted anticipatory bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 71709 / 2022.

Regard being had to the submission made by the parties, taking into consideration the fact that general and omnibus allegation has been levelled against the petitioners and the co-accused / Nawal Giri has been granted anticipatory bail, as such, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on

Patna High Court CR. MISC. No.2886 of 2023(3) dt.18-05-2023 3/3 furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Obra PS Case No. 12 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U