Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12297 of 2024 Arising Out of PS. Case No.-928 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== 1.

SANJAY KUMAR S/O LATE RAJENDRA PRASAD R/O KUMHRAR GUMTI, P.S- AGAMKUAN, DISTT.- PATNA.

2.

SUBHAM KUMAR S/O SANJAY KUMAR R/O KUMHRAR GUMTI, P.S- AGAMKUAN, DISTT.- PATNA.

3.

AMOL KUMAR S/O SANJAY KUMAR R/O KUMHRAR GUMTI, P.SAGAMKUAN, DISTT.- PATNA. 4.

ADITYA KUMAR S/O SANJAY KUMAR R/O KUMHRAR GUMTI, P.SAGAMKUAN, DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Ms. Munni Kumari, Advocate For the State :

Mr. Shyam Kumar Singh, APP For the Informant :

Mr. Akhauri Kamal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all these petitioners assaulted the informant by means of iron rod, bat and butt of pistol.

4. It is submitted by learned counsel appearing on behalf of the petitioners that though there is allegation of assault upon the informant against these petitioners, the doctor has found the injuries sustained by the injured to be simple in nature. Learned counsel further submits that there is general and

Patna High Court CR. MISC. No.12297 of 2024(5) dt.19-06-2024 2/2 omnibus allegation of assault and no specific accusation of any overt act has been alleged against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the inured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna City, District-Patna, in connection with Agamkuan P.S. Case No.928 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T