Anil Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15309 of 2023 Arising Out of PS. Case No.-425 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Anil Kumar Das Son of Hareram Das @ Hareram Lal Das R/V- Bhagwatpur Ward no. 9, P.S- Chhatapur Dist- Supaul 2.

Ashok Kumar Das @ Ashok Das Son of Hareram Das @ Hareram Lal Das R/V- Bhagwatpur Ward no. 9, P.S- Chhatapur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 385, 504, 506/34 of the Indian Penal Code and later on, Section 307 of the Indian Penal Code was added.

Petitioner No. 1 is alleged to have assaulted the informant by means of dabiya and petitioner No. 2 is alleged to have assaulted the informant by means of iron rod. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case.

Patna High Court CR. MISC. No.15309 of 2023(2) dt.18-05-2023 2/2 Learned counsel for the State opposes the bail application and submits that petitioners have assaulted the informant by means of different weapons. He next submits that while injury caused by petitioner No. 2 is simple in nature, petitioner No. 1 caused grievous injury to the informant. Considering the grievous nature of injury, prayer for anticipatory bail of petitioner No. 1 is refused. However, in view of the simple nature of injury, the anticipatory bail with regard to petitioner No. 2 is allowed and it is ordered that the above named petitioner No. 2 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 bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Supaul in connection with Chhatapur P. S. Case No. 425 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. This case stands disposed of.

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