Anjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27179 of 2024 Arising Out of PS. Case No.-365 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1.

Anjesh Kumar S/O Lalu Rai R/O Village- Chitariya, Chhitariya, P.S- Kotwa, Distt.- East Champaran.

2.

Rahul Kumar S/O Lalu Rai R/O Village- Chitariya, Chhitariya, P.S- Kotwa, Distt.- East Champaran.

3.

Bijali Rai @ Biju Rai @ Birju Prasad Yadav S/O Late Bhikhari Rai R/O Village- Chitariya, Chhitariya, P.S- Kotwa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw this application on behalf of petitioner no. 01.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 01.

Heard the learned counsel for the petitioner Nos. 02 & 03 and learned APP for the State.

2. The petitioner Nos. 02 & 03 apprehend their arrest in a case registered for offences under Sections 341, 323, 324, 307, 354, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.27179 of 2024(2) dt.01-05-2024 2/3

3. From the records it appears that one Kanahiya Yadav has sustained injury. The author of the injury on Kanahiya Yadav is Anjesh Kumar (petitioner no. 1) and Ranjan Kumar. The petitioner nos. 02 and 03 are said to have assaulted others but there is no injury report with regard to injury sustained by others.

4. Learned counsel for the petitioner Nos. 02 & 03 submits that that petitioner Nos. 02 & 03 are quite innocent and they have falsely been implicated in the present case.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, this application for anticipatory bail of the petitioner Nos. 02 & 03 is allowed.

7. Accordingly, let the petitioner Nos. 02 & 03, above-named, in the event of their arrest or surrender within four weeks from today in the Court below, be released on 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 learned C.J.M., East Champaran at Motihari/concerned court below in connection with Kotwa P.S. Case No. 365 of 2023 subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.27179 of 2024(2) dt.01-05-2024 3/3 the Code of Criminal Procedure.

8. This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T