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Patna High CourtCR. MISC./10175/2025partly allowed disposal

Satish Kumar v. The State Of Bihar

2025-04-21Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10175 of 2025 Arising Out of PS. Case No.-569 Year-2024 Thana- CHANDI District- Nalanda ====================================================== 1.

Satish Kumar S/O Dashrath Yadav @ Dasrath Prasad Resident of villageLaxmi bigha, P.S.- Chandi, District- Nalanda 2.

Jay Gope S/O Late Kailash Gope Resident of village- Laxmi bigha, P.S.- Chandi, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. A prayer has been made to withdraw the application on behalf of the petitioner no.1, who has already been arrested and, hence application has become infructuous in respect of petitioner no.1.

3. Permission is granted accordingly.

4. So far as case of petitioner no.2 is concerned, the allegation in the First Information Report is general and omnibus in nature and the allegation is to some extent specific against Nitish Kumar, Satish Kumar and Guddu Kumar. The application on behalf of Satish Kumar and Guddu Kumar have already been withdrawn. It has also been submitted that there is a case and counter case and Chandi P.S. Case No.570 of 2024 has been lodged by the mother of

Patna High Court CR. MISC. No.10175 of 2025(3) dt.21-04-2025 2/2 the co-accused Nitish Kumar with regard to the same occurrence and a copy of the same has been annexed as Annexure-P-2 to this application.

5. Learned APP for the State opposes the prayer for anticipatory bail on the ground that the petitioner no.2 has two criminal antecedents. In response to the same, it has been pointed out that he is on bail in both the cases.

6. Considering the abovementioned facts and circumstances of the case and further that there is no specific allegation against petitioner no.2 and he is also aged about 60 years, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Chandi P.S. Case No.569 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

(Soni Shrivastava, J) arvind/- U T