Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4274 of 2021 Arising Out of PS. Case No.-319 Year-2015 Thana- HARNAUT District- Nalanda ====================================================== 1.

Prabhakar Kumar, aged about 30 years, Son Of Shrawan Kumar Gupta Resident of Village - Beech Bazar, Kalisthan Harnaut, P.S.- Harnaut, Dist.- Nalanda.

2.

Diwakar Kumar Son of Sharwan Kumar Gupta Resident of Village - Beech Bazar, Kalisthan Harnaut, P.S.- Harnaut, Dist.- Nalanda. 3.

Kumar Raj Gupta, aged about 28, Son of Shrawan Kumar Gupta Resident of Village - Beech Bazar, Kalisthan Harnaut, P.S.- Harnaut, Dist.- Nalanda. 4.

Sumit Kumar, aged about 22 years, Son of Late Vijay Kumar Gupta Resident of Village - Beech Bazar, Kalisthan Harnaut, P.S.- Harnaut, Dist.- Nalanda.

5.

Subham Kumar, aged about 21 years, Son of Late Vijay Kumar Gupta Resident of Village - Beech Bazar, Kalisthan Harnaut, P.S.- Harnaut, Dist.- Nalanda.

6.

Kundan Kumar Son of Late Krishna Prasad Resident of Village - Beech Bazar, Kalisthan Harnaut, P.S.- Harnaut, Dist.- Nalanda. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr.Satya Prakash, Advocate For the State :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-11-2021 Heard the parties.

Learned counsel for the petitioners submits that petitioner no.2, Diwakar Kumar and petitioner no.6, Kundan Kumar have been arrested, this application for anticipatory bail has become infructuous and as such their prayer for anticipatory bail is dismissed as withdrawn.

Petitioner nos. 1, 3, 4 and 5 are apprehending their

Patna High Court CR. MISC. No.4274 of 2021(2) dt.17-11-2021 2/2 arrest in connection with Harnaut P.S. Case No. 319 of 2015 for the offence under sections 147, 149, 341, 323, 307, 504, 337 and 427 of the Indian Penal Code.

It is submitted by Mr. N. K. Agarwal, learned senior counsel for the petitioners assisted by Mr. Satya Prakash that in fact, it is the accused persons who had suffered accident and they have been made accused in the case wrongly by the police. In support of the same, they have annexed the prescription of Magadh Hospital.

In view of the aforesaid, let the petitioner nos. 1, 3, 4, and 5 in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 A.C.J.M.-VI, Nalanda at Biharsharif, in connection with Harnaut P.S. Case No. 319 of 2015 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Sandeep Kumar, J) Ravi/- U T