Bikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33287 of 2024 Arising Out of PS. Case No.-204 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

Bikku Kumar Son of Vipat Rai @ Vipat Ray Resident of Village - Kachhi Ghat Chamdoriya, P.S. - Chowk, District- Patna. 2.

Lalan Prasad Yadav @ Lala Rai Son of Asharafi Rai Resident of Village - Kachhi Ghat Chamdoriya, P.S. - Chowk, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 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 Chowk P.S. Case no. 204 of 2019 instituted for the offence under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant by the petitioners and other co-accused persons by means of lathi and danda with an intention to kill him resulting into grievous injury. His son Vikky was

Patna High Court CR. MISC. No.33287 of 2024(2) dt.16-05-2024 2/3 assaulted by them when he came there for rescue of his father.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are is innocent and have been falsely implicated in this case. General and omnibus allegations have been levelled against them. Specific allegation of overt act is against co-accused Guddu Rai and not against these petitioners. Petitioners are not named in the F.I.R. and their name sprang up during investigation of this case. They have got no criminal antecedent. Similarly situated co-accused persons have been granted bail vide order dated 21.12.2021, passed in Cr. Misc. No. 16313 of 2021 by this Court.

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

Patna High Court CR. MISC. No.33287 of 2024(2) dt.16-05-2024 3/3 their arrest or surrender in connection with Chowk P.S. Case no. 204 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Nirajkrs/- U T