Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25949 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- MADHAURAH District- Saran ====================================================== 1.

PRADEEP KUMAR Son of Prabhunath Bhagat Resident of Village - Mubarakpur, Police Station- Madhaura, District - Saran at chapra. 2.

Kundan Kumar Son of Prabhunath Bhagat Resident of Village - Mubarakpur, Police Station- Madhaura, District - Saran at chapra. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Narendra Kumar, Advocate For the Opposite Party :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections-341, 323, 324, 504, 307/34 of the Indian Penal Code.

Prosecution case in short is that while the informant was picking Mahua, the accused persons having armed with Lathi, Danda, Farsa, sword and spade attacked and assaulted him as a result of which, the informant sustained injury. When

Patna High Court CR. MISC. No.25949 of 2022(2) dt.14-11-2022 2/3 the informant's brother came to rescue him, he was also assaulted.

It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No. 1 is said to have caused injury on the forehead. The said injury is said to be simple in nature. So far the petitioner No. 2 is concerned, he is said to have caused injury on the left elbow which is a non-vital part of the body. No offence under Section -307 of the Indian Penal Code is attracted in the present case.

Learned counsel for the State submits that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioners named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 234 of 2021 subject to the conditions as laid down

Patna High Court CR. MISC. No.25949 of 2022(2) dt.14-11-2022 3/3 under Section-438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T