Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11065 of 2023 Arising Out of PS. Case No.-480 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== 1.

Raju Kumar S/O Sri Nagina Yadav R/v- Barki Akauna, P.S.- Ghoshi, District- Jehanabad 2.

Baiju Yadav @ Baiju Kumar S/O Sri Nagina Yadav R/v- Barki Akauna, P.S.- Ghoshi, District- Jehanabad 3.

Arbind Yadav @ Arbind Kumar S/O Sri Rajendra Yadav R/v- Manipur, P.S.- Ishlampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nandu Kumar Yadav, Advocate Mr. Manish Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 2.

Permission is granted.

The anticipatory bail application with regard to above named petitioner No. 2 is dismissed as withdrawn. Heard the parties.

Petitioner Nos. 1 and 3 apprehend arrests in a case registered for the offences punishable under Sections 147, 149, 323, 354(B), 427, 337, 338, 307, 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.11065 of 2023(2) dt.16-05-2023 2/3 As per prosecution case, on the alleged date and time, all the accused persons including these petitioners assaulted father-in-law of the informant by means of lathi, iron rod, bricks and stones as a result of which he sustained injury. It is further alleged that during course of assault, co-accused, namely, Sikandar Yadav, snatched gold Mangalsutra from the neck of sister-in-law of the informant.

Learned counsel appearing for the petitioners submits that specific allegation of assault is against co-accused Sikandar Yadav and so far these petitioners are concerned no specific overt act is attributed against them and allegation against them is general and omnibus. Doctor has found simple injury. Petitioners have got clean antecedent.

Considering the nature of accusation and simple injury, this anticipatory bail is allowed and it is ordered that the above named petitioner Nos. 1 and 3 in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P. S. Case No. 480 of 2022, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.11065 of 2023(2) dt.16-05-2023 3/3 the Code of Criminal Procedure.

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