Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14417 of 2022 Arising Out of PS. Case No.-742 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

ASHOK KUMAR Son of Tanik Yadav @ Tanik Lal Yadav @ Tanilal Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 2.

Ravi Kumar Son of Upendra Kumar Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

3.

Suman Kumar Son of Sanjiv Kumar Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

4.

Lalu Kumar @ Lallu Kumar Son of Rajo Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 5.

Ranjan Kumar Son of Upendra Kumar Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

6.

Hakim @ Pancham Kumar Son of Kesho Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 7.

Rajendra Yadav @ Rajo Yadav Son of Parmeshwar Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 8.

Vivek Kumar @ Bittu Son of Ajay Ram Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

9.

Rahul Kumar Son of Raj Kumar Yadav @ Dr. Rajkumar Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 10.

Rohit Kumar Son of Late Tuntun Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

11.

Raushan Kumar Son of Jato Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

12.

Jitendra Yadav @ Jato yadav Son of Kailu Yadav @ Sipahi Yadav @ Sipahi Jee Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 13.

Chandan Kumar Son of Jato Yadav @ Jitendra Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 14.

Ramashray Yadav Son of Shivdhari Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

15.

Upendra Kumar Son of Tanik Yadav @ Tanik Lal Yadav @ Taniklal Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 16.

Manish Kumar @ Manish @ Maniya Kumar Son of Wakil Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 17.

sunil Kumar @ Sabil Kumar Son of Rajo Yadav @ Rajendra Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai. 18.

Wakil Yadav Son of Pameshwar Yadav Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

19.

Saurav Kumar Son of Sanjiv Kumar Residing at Village - Bilauri, P.s.- Lakhisarai, Dsitt.- Lakhisarai.

... ... Petitioner/s

Versus

Patna High Court CR. MISC. No.14417 of 2022(2) dt.16-09-2022 2/3 The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. 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, 341, 323, 307 and 504 of the Indian Penal Code. The informant alleges that on 03.11.2021, he along with his family members was standing near their house when all the 20 named accused persons, including the petitioners, came variously armed and assaulted the informant and his family members, further nephew of the informant sustained injury on his head.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that allegation of assault is general and omnibus in nature. Learned counsel next submits that the injury suffered by the injured is

Patna High Court CR. MISC. No.14417 of 2022(2) dt.16-09-2022 3/3 simple in nature and on intervention of the well-wishers the case has already been compromised as has been specifically pleaded at 'paragraph 11' of the anticipatory bail application. 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 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 Lakhisarai P.S. Case No. 742 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) gauravkr/- U T