Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14083 of 2020 Arising Out of PS. Case No.-342 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

AJIT KUMAR Son of Amar Yadav @ Sipahi Yadav Resident of VillageChauram, P.S.- Daudnagar, District- Aurangabad. 2.

Ashok Kumar Son of Amar Yadav @ Sipahi Yadav Resident of VillageChauram, P.S.- Daudnagar, District- Aurangabad. 3.

Pradip Kumar S/o Moda Yadav Resident of Village- Chauram, P.S.- Daudnagar, District- Aurangabad.

4.

Raju Yadav @ Raju Kumar S/o Jagdish Yadav Resident of VillageChauram, P.S.- Daudnagar, District- Aurangabad. 5.

Dinesh Kumar Son of Sarifa Yadav Resident of Village- Chauram, P.S.- Daudnagar, District- Aurangabad.

6.

Golden Kumar Son of Amar Yadav @ Sipahi Yadav Resident of VillageChauram, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Ms. Anita Kumari Singh, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Daudnagar PS case no. 342 of 2019 registered for the offences punishable under Section 307 and

Patna High Court CR. MISC. No.14083 of 2020(3) dt.18-09-2020 2/3 other allied sections of Indian Penal Code.

The allegation is regarding the accused persons i.e. the petitioners herein having assaulted the informant with an intention to kill him resulting in injuries being inflicted on his body.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted by referring to Annexure-3 to the present petition that the injury report of the informant would bear it out that the injury sustained by him are simple in nature. It is further submitted that a general and omnibus allegation has been levelled against the petitioners herein.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners and taking into account the fact that the injury sustained by the informant has been found to be simple in nature and moreover, a general and omnibus allegation has been levelled against all the petitioners, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six

Patna High Court CR. MISC. No.14083 of 2020(3) dt.18-09-2020 3/3 weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad in connection with Daudnagar PS case no. 342 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T