Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12968 of 2024 Arising Out of PS. Case No.-71 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== Ajay Kumar S/O Rama Shankar Chaudhary Village- Bagahi Nimia Tola, Ps. Bairiya, Dist. West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Kishun Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including this petitioner, armed with lathi, danda, farsa, assaulted the informant, on account of which, informant and his brother sustained injury.

4. It is submitted on behalf of petitioner that specific accusation of causing assault is against other co-accused persons. So far as this petitioner is concerned, there is no specific allegation of overt act against him. He is only alleged to be member of the mob. It is further submitted that police, after

Patna High Court CR. MISC. No.12968 of 2024(2) dt.12-03-2024 2/2 investigation, submitted final form against this petitioner, however; learned Chief Judicial Magistrate, differing with the same, took cognizance against all the accused persons including this petitioner. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 71 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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