Shyam Sundar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38295 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- ATRI District- Gaya ====================================================== 1.

SHYAM SUNDAR KUMAR SON OF SITA RAM PASWAN RESIDENT OF VILLAGE- NANHU BIGHA, P.S- ATRI, DISTRICT- GAYA 2.

RAMEKBAL PASWAN SON OF SITA RAM PASWAN RESIDENT OF VILLAGE- NANHU BIGHA, P.S- ATRI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Atri P.S. Case No. 83 of 2021 for the offence registered under Sections 341, 323, 325, 308,379, 504, 506 and 34 of the Indian Penal Code.

As per the FIR, the accused persons assaulted Suraj Kumar on his head and Raja Ram Paswan on the mouth as also took away Rs. 10,000/-. Accordingly, the FIR was lodged. Learned counsel for the petitioners submit that although the allegation is there, the same had not been been found to be grievous in nature and as such, case diary was called

Patna High Court CR. MISC. No.38295 of 2022(3) dt.09-01-2023 2/2 for.

Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Taking into account the fact that the petitioners do not have criminal antecedent, the injuries have not been found to be grievous in nature, this Court is inclined to grant them privilege of anticipatory bail subject to payment of Rs. 15,000/- as medical assistance through bank draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court and thereafter, the same be handed over to the informant after checking the credentials.

Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIIIth, Gaya in connection with Atri P.S. Case No. 83 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/Neha/- U T