Anil Kumar @ Kanhaiya @ Anil Yadav @ Kanhaiya Yadav @ Anal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7364 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- PAWANA District- Bhojpur ====================================================== Anil Kumar @ Kanhaiya @ Anil Yadav @ Kanhaiya Yadav @ Anal Kumar Son of Bhuneshwar Yadav R/o vill - Pawar, P.S. - Pawana, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indra Bhushan Tiwary, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Pawana P.S. Case No. 17 of 2023 instituted under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the allegation against the petitioner is that he along with co-accused Rajesh Yadav assaulted his aunt Pushpa Devi on her head. He further submits that due to dispute between the children altercation took place between the parties. The aunt and mother of the informant who fell on the earth got some injury but falsely made the allegation against the petitioner and the other accused persons which is not corroborated by the medical evidence. The co-accused Rajesh Kumar has already been

Patna High Court CR. MISC. No.7364 of 2024(2) dt.17-02-2024 2/2 granted anticipatory bail by the learned Additional Sessions Judge-II, Buxar at Ara. The petitioner has one criminal antecedent in which he is already on bail. The F.I.R. has been lodged after 24 hours without any explanation for the same.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

5. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ara in connection with Pawana P.S. Case No. 17 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) anuradha/- U T