Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7510 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Mritunjay Kumar Son of Jagdish Prasad Resident of Village - Tehta, P.S.- Makhdumpur, District- Jehanabad 2.

Akshay Kumar Son of Gorakh Prasad Resident of Village - Tehta, P.S.- Makhdumpur, District- Jehanabad 3.

Sanjeev Kumar @ Sanni Son of Gorakh Prasad Resident of Village - Tehta, P.S.- Makhdumpur, District- Jehanabad 4.

Laldeo Prasad Son of Late Raghuram Prasad Resident of Village - Tehta, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Makhdumpur (Tehta) P.S. Case No. 369 of 2019 registered for the offence punishable under Sections 147, 149, 341, 323, 307, 427, 379, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case, as there are no allegation of assault against petitioners by Khanti blow and

Patna High Court CR. MISC. No.7510 of 2020(2) dt.03-03-2020 2/3 the injury is simple in nature.

Learned APP has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein the submission of learned counsel for the petitioners that so far as these petitioners are concerned, there are no allegations of assault against them having remain uncontroverted by learned APP for the State and the further submission is that the accused Rohit Kumar has already been granted bail by learned court below vide Annexure '4' to the present application, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in connection with Makhdumpur (Tehta) P.S. Case No. 369 of 2019 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.7510 of 2020(2) dt.03-03-2020 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T