Akash Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15924 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- DHARHARA District- Munger ====================================================== 1.

AKASH KUMAR AND ORS son of Arun Kumar, Resident of Village- Aura Bagicha, P.S.- Dharhara, District- Munger.

2.

Manish Kumar, Son of Ram Chandra Yadav, Resident of Village- Aura Bagicha, P.S.- Dharhara, District- Munger.

3.

Gaurav KUmar, Son of Ram Chandra Yadav, Resident of Village- Aura Bagicha, P.S.- Dharhara, District- Munger.

4.

Aman Kumar, Son of Prakash Yadav, Resident of Village- Aura Bagicha, P.S.- Dharhara, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dharhara P.S. Case No. 257 of 2018 for the offence punishable under Sections 452, 341, 323, 307, 354, 427, 504/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, there is general and omnibus allegation against the

Patna High Court CR. MISC. No.15924 of 2019(3) dt.21-05-2019 2/2 petitioners and no specific allegation is attributed to them. Moreover, the injury sustained by the victim is simple in nature, which is evident from the Anenxire-3. Hence, the petitioners may be granted the privilege of anticipatory bail. Learned counsel appearing for the State has opposed the prayer for bail and submitted that the petitioners having armed with lathi and Khanti assaulted the informant causing several injury to him out of them two injuries were on head of the informant. Moreover, charge sheet in this case has also been submitted by the police. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail of these petitioners. Accordingly, the prayer for grant of anticipatory bail of these petitioners is rejected. (Arvind Srivastava, J) brajesh/- U T