Indrajit Kumar @ Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9589 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- KHUDWA District- Aurangabad ====================================================== 1.
Indrajit Kumar @ Ajit Kumar S/O Tapeshwar Yadav R/O Village- Lahasha, P.S- Khudwan, Distt.- Aurangabad (BIHAR) 2.
Ramashish Singh S/O Permeshwar Singh R/O Village- Lahasha, P.SKhudwan, Distt.- Aurangabad (BIHAR) 3.
Karamdeo Yadav S/O Bipat Yadav R/O Village- Lahasha, P.S- Khudwan, Distt.- Aurangabad (BIHAR) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar For the Opposite Party/s :
Mr.Shyameshwar Dayal Mr.Kumar Ravish, Ms. Siddhi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 504, 506, 324, 307, 302 of the Indian Penal Code.
3. As per the prosecution case, when the informant was going to plough his land, all the FIR named accused persons came variously armed. It is stated that Anjay Singh struck the informant's uncle Akhilesh Singh on his head with a garasa. Co-accused Vinay Kumar assaulted on the shoulder of Abhay Kant with Garasa and petitioner no. 2 Ramashish Singh
Patna High Court CR. MISC. No.9589 of 2024(3) dt.29-04-2024 2/3 also assaulted on the leg of Kamlesh Singh causing serious injuries. It is further stated that all the accused persons started to assault with sword, spear etc. The FIR has been lodged against 9 known accused persons and 20-30 unknown persons.
4. Learned counsel for the petitioners submits that as per F.I.R. itself, petitioners are not the assailant of the deceased. Petitioner no. 2 is only alleged to have assaulted on the leg of Kamlesh Singh and the injury, caused by him, has been found to be simple in nature by the doctor. So far as other petitioners are concerned, there is general and omnibus allegation of assault. Some of the co-accused, against whom there was similar allegation, have been granted bail by coordinate Bench of this Court.
5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad (Bihar) in connection with Khudwan
Patna High Court CR. MISC. No.9589 of 2024(3) dt.29-04-2024 3/3 P.S. Case No. 77 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T