Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36779 of 2022 Arising Out of PS. Case No.-812 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.

AKHILESH KUMAR SON OF LAKHAN MAHTO RESIDENT OF VILLAGE- BHUDHMA LAKHRAJ, P.S.- MADHEPURA (BHARRAHI), DISTRICT- MADHEPURA 2.

RANJEET KUMAR SON OF LATE KAPILDEO MAHTO RESIDENT OF VILLAGE- BHUDHMA LAKHRAJ, P.S.- MADHEPURA (BHARRAHI), DISTRICT- MADHEPURA 3.

SARGAM KUMAR SON OF SANJAY MAHTO RESIDENT OF VILLAGE- BHUDHMA LAKHRAJ, P.S.- MADHEPURA (BHARRAHI), DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 354, 379, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 15.10.2021 at about 07:30 PM,

Patna High Court CR. MISC. No.36779 of 2022(2) dt.30-11-2022 2/3 while she was serving meal to her father-in-law at her shop adjacent to her house, wife of Surendra Mahto namely Mala Devi came for purchasing some articles on credit on which her father-in-law asked her to come later, thereafter the accused persons including the petitioners, came and it is alleged that they assaulted her father-in-law and petitioner nos. 2 and 3 snatched gold chain from the neck of Vikash Kumar.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that as far as allegation of snatching gold chain is alleged the same is ornamental in nature, it is also submitted that allegation of assault is general and omnibus in nature and even injury caused to the injured is simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released

Patna High Court CR. MISC. No.36779 of 2022(2) dt.30-11-2022 3/3 on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 812 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T