Mukesh Kumar @ Mukesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29125 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== 1.
Mukesh Kumar @ Mukesh Sah S/O Tetar Sah @ Ramdeo Sah R/O VillageRampur Vishun, P.S- Warisnagar, Distt.- Samastipur. 2.
Umesh Kumar @ Umesh Sah S/O Tetar Sah @ Ramdeo Sah R/O VillageRampur Vishun, P.S- Warisnagar, Distt.- Samastipur. 3.
Raj Kumar Sah S/O Tetar Sah @ Ramdeo Sah R/O Village- Rampur Vishun, P.S- Warisnagar, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Vinay Kumar Mishra, Advocate For the State :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 504, 506, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, armed with lathi and iron rod, came to the house of the informant and on the orders of co-accused Tetar Sah, co-accused Bipin Kumar assaulted the daughter of the informant with bat. It is further alleged that these petitioners, along with other F.I.R. named accused persons, assaulted the
Patna High Court CR. MISC. No.29125 of 2024(3) dt.11-07-2024 2/3 informant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that specific accusation of assault is against co-accused Bipin Kumar. So far as these petitioners are concerned, there are general and omnibus allegations and there is no specific accusation of assault against these petitioners. Injuries alleged caused by these petitioners have been opined to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P.S. Case No. 14 of 2024, subject to condition as laid down under Section
Patna High Court CR. MISC. No.29125 of 2024(3) dt.11-07-2024 3/3 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T