Abhash Raj @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11078 of 2025 Arising Out of PS. Case No.-97 Year-2020 Thana- GARKHA District- Saran ====================================================== 1.

Abhash Raj @ Bittu son of Ratnesh Kumar singh Resident of Village -Bishambharpur PO- Kudarbadha PS- Garkha District -Saran 2.

Ankit Kumar @ Aniket Kumar Singh son of Jitendra Kumar Singh Resident of Village -Bishambharpur PO- Kudarbadha PS- Garkha District -Saran 3.

Dhananjay Kumar Singh son of Kameshwar Singh village- parsa, PoKudarbadha, ps- Garkha, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kishore Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 354, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time, when informant was going to his sasural on motorcycle along with his wife, on the way, all the F.I.R. named accused persons including these petitioners and two unknown persons surrounded them and assaulted informant and his wife with lathi, danda due to which they sustained injuries.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.11078 of 2025(2) dt.18-03-2025 2/2 petitioners are innocent and have falsely been implicated in this case. Allegation of assault is general and omnibus. Police after investigation submitted final form against these petitioners but differing with the same learned court below took cognizance against petitioners. Moreover, F.I.R. has been lodged after inordinate delay of nine days which itself raised doubt veracity of the prosecution case.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight 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 Judicial Magistrate, 1st Class, Saran at Chapra in connection with Garkha P. S. Case No. 97 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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