Banty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15623 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.

Banty Kumar Son of Ramshanker Paswan Resident of vill.-Nayatola, Amarpur, P.S.-Mednichowki, Distt.-Lakhisarai 2.

Dhiraj Kumar Son of Ramshanker Paswan Resident of vill.-Nayatola, Amarpur, P.S.-Mednichowki, Distt.-Lakhisarai 3.

Fantush Kumar @ Fantush Paswan Son of Ramshanker Paswan Resident of vill.-Nayatola, Amarpur, P.S.-Mednichowki, Distt.-Lakhisarai 4.

Ramshanker Paswan Son of late Siya Paswan Resident of vill.-Nayatola, Amarpur, P.S.-Mednichowki, Distt.-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, all the accused persons including these petitioners assaulted the son of the informant with lathi and danda. Petitioner No. 1 is alleged to have assaulted the son of the informant with iron rod causing him several injuries. Doctor has found the injury to be grievous in nature.

Patna High Court CR. MISC. No.15623 of 2024(3) dt.01-05-2024 2/2

4. Learned counsel appearing for the petitioners submits that though there is specific allegation of assault against petitioner No. 1 but so far as rest of the petitioners are concerned, allegation of assault against them is general and omnibus and no specific overt act is alleged against them. Petitioners claim clean antecedent.

5. In view of the fact that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner No. 1 is refused. However, considering the nature of accusation against petitioner Nos. 2 to 4, the anticipatory bail with regard to petitioner Nos. 2 to 4 is allowed and it is ordered that the above named petitioner Nos. 2 to 4 in the event of their arrest/surrender before the court below within a period of six 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, Lakhisarai in connection with Mednichowki P. S. Case No. 211 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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