Kishan Kumar Agarwal @ Kishan Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19240 of 2023 Arising Out of PS. Case No.-51 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

Kishan Kumar Agarwal @ Kishan Agarwal S/O Kailash Prasad Agarwal R/O Mohalla- Bara Bazar, Darbhanga Tawar, P.S.- Nagar, Distt- Darbhanga. 2.

Manish Kumar @ Monu Agarwal @ Manish Kumar Agrawal S/O Kailash Prasad Agarwal R/O Mohalla- Bara Bazar, Darbhanga Tawar, P.S.- Nagar, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 326, 406, 34 of the Indian Penal Code.

Petitioners are said to have assaulted by the informant by means of rod.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners have enjoyed the benefit of Section 41 (A) of the Cr.P.C. He submits that the police after investigation submitted charge-sheet for the offences under Sections 341, 342, 323, 406 and 34 of the Indian

Patna High Court CR. MISC. No.19240 of 2023(3) dt.03-07-2023 2/2 Penal Code. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner no. 1 has one criminal antecedent and petitioner no. 2 has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Town P.S. Case No. 51 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T