Annu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28328 of 2022 Arising Out of PS. Case No.-369 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

ANNU KUMAR SON OF ANMOL PASWAN RESIDENT OF VILLAGEMALDIHA, P.S.- BARHARA, DISTRICT- PURNEA 2.

MUSKAN KUMAR SON OF ANMOL PASWAN RESIDENT OF VILLAGE- MALDIHA, P.S.- BARHARA, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Barhara P.S. Case no. 369 of 2021 instituted for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 354(B),504, 506, 302, 34 of the Indian Penal Code. As per allegation in the FIR, accused persons entered into the house of the informant with intention to kill him. Accused Sonu Kumar gave lathi blow on the head of father-inlaw of the informant as a result of which he received head injury and fracture in his hands and fell down on the ground in unconscious condition. When his family members come there to rescue him, they were also beaten up by the accused persons.

Patna High Court CR. MISC. No.28328 of 2022(3) dt.15-12-2022 2/3 Informant's father-in-law later on succumbed to injuries. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Specific allegation of assaulting is against Sonu Kumar. General and omnibus allegations have been levelled against the petitioner. From perusal of the postmortem report, deceased sustained lacerated wound on occipital region of skull. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Barhara P.S. Case no. 369 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea subject to the conditio ns as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.28328 of 2022(3) dt.15-12-2022 3/3