Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2016 of 2023 Arising Out of PS. Case No.-214 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

DEEPAK KUMAR Son of Badho Manjhi R/V- Binova Nagar, P.S- Magadh Medical, Dist- Gaya 2.

Ravi Kumar Son of Tunnu Manjhi R/V- Binova Nagar, P.S- Magadh Medical, Dist- Gaya 3.

Rubi Devi Wife of Tunnu Manjhi R/V- Binova Nagar, P.S- Magadh Medical, Dist- Gaya 4.

Rahul Kumar Son of Yogeshwar Manjhi R/V- Binova Nagar, P.S- Magadh Medical, Dist- Gaya 5.

Kiran Devi Wife of Buchan Manjhi R/V- Binova Nagar, P.S- Magadh Medical, Dist- Gaya 6.

Raushan Kumar Son of Late Buchan Manjhi R/V- Binova Nagar, P.SMagadh Medical, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioners no.3 & 5, as they have already been arrested by the police, during pendency of this application.

Permission is granted.

Accordingly, the instant application as against the

Patna High Court CR. MISC. No.2016 of 2023(2) dt.24-03-2023 2/3 petitioner no.3 & 5 is dismissed as withdrawn. Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.1, 2, 4 & 6 only.

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 341, 323, 308, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons armed with Lathi and Rod are said to have abused the assaulted the informant and his family members and snatched chain of silver and threatened to the informant and his family members.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that petitioners and informant are co-villagers. He further submits that as per para-23 of the case diary, the petitioner have been given benefit under Section 41(A) of Cr.P.C. He submits that injuries found

Patna High Court CR. MISC. No.2016 of 2023(2) dt.24-03-2023 3/3 upon the victims are simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Magadh Medical P.S. Case No.214 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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