Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37111 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== 1.

BITTU KUMAR SON OF LATE ARBIND KUMAR @ ARBIND KUMAR PASWAN RESIDENT OF VILLAGE - BAIKATPUR, P.S. - KHUSRUPUR, DISTRICT - PATNA 2.

ABHISHEK KUMAR SON OF LATE ARBIND KUMAR @ ARBIND KUMAR PASWAN RESIDENT OF VILLAGE - BAIKATPUR, P.S. - KHUSRUPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Umashankar Sharma, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, assaulted informant and his family members. Petitioner No. 1 is alleged to have assaulted on head of informant by means of iron rod.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners have falsely been implicated in this case. As a matter of fact, due to petty dispute, a simple scuffle took place between the parties, in which injuries

Patna High Court CR. MISC. No.37111 of 2024(4) dt.06-08-2024 2/2 sustained by the injured have been found to be simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the inured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 Chief Judicial Magistrate, Patna City, in connection with Khusrupur P.S. Case No. 428 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T