Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9814 of 2020 Arising Out of PS. Case No.-253 Year-2018 Thana- GURUA District- Gaya ====================================================== 1.

Chandan Kumar Son of Ramswarup Manjhi Resident of Village- Simaru, P.S.- Guraru, District- Gaya.

2.

Lucky Kumar Son of Kamlee Prasad Resident of Village- Simaru, P.S.- Guraru, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Gurua P.S. Case No. 253 of 2018 for the offence under sections 393/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent.

Allegation against these petitioners is that they were among the persons who assaulted the informant on his head but due to helmet the informant did not sustain any injury. Learned counsel submits that petitioners were not named in the FIR. Their names surfaced on the confessional

Patna High Court CR. MISC. No.9814 of 2020(2) dt.29-02-2020 2/2 statement of co-accused Rupesh Kumar.

Considering the fact that informant has not sustained any injury and the petitioners have no criminal antecedent as well as their they were not named in the FIR, the Court is inclined to grant anticipatory bail to the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghaty, Gaya, in connection with Gurua P.S. Case No. 253 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T