Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8515 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

SUMAN KUMAR S/O RAMESH KUMAR R/o Village- Shri Nagar Chharrapatti Ward No. 07, P.S.- S.Kamal (Sahebpur Kamal), DistrictBegusarai 2.

Devendra Kumar Divakar S/o Late Asharfi Yadav R/o Village- Shri Nagar Chharrapatti Ward No. 07, P.S.- S.Kamal (Sahebpur Kamal), DistrictBegusarai 3.

Jay Jay Ram Yadav @ Jay Jay Ram Prasad Yadav S/o Late Asharfi Yadav R/o Village- Shri Nagar Chharrapatti Ward No. 07, P.S.- S.Kamal (Sahebpur Kamal), District- Begusarai 4.

Brajesh Kumar S/o Late Lalit Yadav R/o Village- Shri Nagar Chharrapatti Ward No. 07, P.S.- S.Kamal (Sahebpur Kamal), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarkeshwar Pd. Verma For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with S. Kamal P.S. Case no. 194 of 2021 instituted for the offence under Sections 341, 323, 307, 379, 147, 148, 149 and 504 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his brother by the petitioners and other coaccused persons by means of iron rod. When female members

Patna High Court CR. MISC. No.8515 of 2022(2) dt.08-08-2022 2/3 came there to rescue the informant and his brother, they were also beaten up by the accused persons. It is further alleged that they also snatched gold jewelry of female members. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have sustained injuries in alleged incident. They have got no criminal antecedent. There is contradictory in the FIR and in the restatement of the petitioner regarding weapon used in the alleged incident. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with S. Kamal P.S. Case no. 194 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusari subject to the conditions as laid down

Patna High Court CR. MISC. No.8515 of 2022(2) dt.08-08-2022 3/3 under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U