Anup Kumar @ Anoop Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30018 of 2024 Arising Out of PS. Case No.-886 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.
Anup Kumar @ Anoop Kumar Son Of Biresh Mahato @ Viresh Mahato Resident Of Village - Banjari Nawaka Tola, Police Station - Gopalganj, District - Gopalganj 2.
Lal Bahadur Mahato Son Of Late Banshi Mahato Resident Of Village - Banjari Nawaka Tola, Police Station - Gopalganj, District - Gopalganj 3.
Sibu Kumar @ Shibu Kumar Son Of Late Birendra Mahato Resident Of Village - Banjari Nawaka Tola, Police Station - Gopalganj, District - Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner Nos. 1 and 3 assaulted the informant by means of iron rod and petitioner No. 2 is alleged to have taken away the key of motorcycle of the informant.
4. It is submitted that the F.I.R. has been lodged after
Patna High Court CR. MISC. No.30018 of 2024(2) dt.10-05-2024 2/2 delay of 12 days and there is no plausible explanation for the same. It is next submitted that though there is allegation of assault against petitioner Nos. 1 and 3 but there is no injury report on the record. Lastly, learned counsel for the petitioners submits that prior to the present case, father of the petitioner No. 1 has already filed Gopalganj Town P. S. Case No. 868 of 2022 against the informant and others for the same occurrence.
5. Considering the nature of accusation and delay in lodging the F.I.R., this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P. S. Case No. 886 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T