Kamaldeep Kumar @ Prabhat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13321 of 2022 Arising Out of PS. Case No.-62 Year-2020 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.
KAMALDEEP KUMAR @ PRABHAT KUMAR S/o Sharvan Mandal R/o village- Loshghani, Shayar Tola, P.S.- Piri Bazar, District- Lakhisarai 2.
Pancha Kumar @ Purusotam Kumar S/o Bimal Mandal R/o villageLoshghani, Shayar Tola, P.S.- Piri Bazar, District- Lakhisarai 3.
Ghamandi Mandal S/o Mango Mandal R/o village- Loshghani, Shayar Tola, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code. The informant alleges that on 11.06.2020 at about 10:00 am when he was coming to his house through Muslim Tola, his neighbour Ankit Kumar started abusing him to which he objected, it is next alleged that Suraj Kumar assaulted the informant with an iron rod on his head causing injury and he
Patna High Court CR. MISC. No.13321 of 2022(2) dt.15-09-2022 2/3 became unconscious thereafter when the neighbours of the informant came to rescue him then, 13 named accused persons including the petitioners came and assaulted with lathi, danda and also pelted stones and the accused persons snatched gold chain from the neck of one Ramlal, it is next alleged that the cause of occurrence was a dispute relating to cricket match. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, further a counter case being Piri Bazar P.S. Case No.
63 of 2020 has also been filed from the side of the petitioners, it is also submitted that parties realizing their mistake and on intervention of the well-wishers have filed a compromise petition as would be evident from Annexure-3 to the anticipatory bail application. Learned counsel for the petitioners next submits that as far allegation of assaulting the informant is alleged, that is against Suraj Kumar and as far as present petitioners are concerned, the allegations against them are general and omnibus in nature. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.13321 of 2022(2) dt.15-09-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Piri Bazar P.S. Case No. 62 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) gauravkr/- U T