Lav Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33913 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- SIRDALA District- Nawada ====================================================== 1.

LAV KUSH KUMAR S/O BIRENDRA KUMAR 2.

NEERAJ KUMAR S/O LATE NARESH PRASAD 3.

PANKAJ KUMAR S/O MAHAVIR PRASAD 4.

BIPIN KUMAR S/O PRAMOD KUMAR 5.

MUKESH KUMAR S/O LATE NARESH PRASAD 6.

MANISH KUMAR S/O LATE NARESH PRASAD ALL R/O VILLAGE SHEKHAWARA UNDER MASKAUR POLICE STATION, DISTRICTNAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners seek bail in connection Sirdalla (Meskaur) P.S. Case no. 293 of 2020 initially registered for the offence punishable under sections 147, 149, 341, 323, 504, 506, 325, 307 of the Indian Penal Code and subsequently section 302 IPC was added. Learned counsel for the petitioners submits that petitioners are in custody since 02.02.2021 and are persons with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation is against

Patna High Court CR. MISC. No.33913 of 2021(2) dt.01-12-2021 2/2 Birendra Kumar who assaulted the father of the informant by means of Khanti on his head. He next submits that as far as these petitioners are concerned, allegations are general and omnibus in nature, further co-accused Mathura Prasad was granted bail by order dated 20.2.2021 in Cr. Misc. no. 40184/2020 and co-accused Sanjeewan Kumar @ Sanoj Kumar and one another were granted bail by order dated 22.11.2021 in Cr. Misc. no. 27324/2021. Learned counsel further submits that present petitioners are similarly situated like coaccused who have been granted bail. Learned APP opposes the prayer for bail.

Considering the facts that petitioners are in jail custody since 02.02.2021, charge sheet has been submitted and petitioners are persons with clean antecedent and similarly situated co-accused have been granted bail, the petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Nawada in Sirdalla (Meskaur) P.S. Case no. 293 of 2020.

(Satyavrat Verma, J) s.hassan/- U T