Abhishek Kumar Kesari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41345 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Abhishek Kumar Kesari Son of Ramesh Kesari, Resident of Village- Devi Sthan Bazari Saw Gola Ke Pass Ps- Ara Nagar Dist- Bhojpur. 2.

Ramesh Kesari @ Ramesh Kumar Son of Haridwar Kesari, Resident of Village- Devi Sthan Bazari Saw Gola Ke Pass Ps- Ara Nagar Dist- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Ara Nagar P.S. Case No.109 of 2024 instituted under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that on 10.02.2024 at 9 AM when he was on his door in the meantime both the petitioners came and started making fun while talking with him but the fun was converted in hot talk and both the petitioners went to their house and came with iron rod and assaulted him and his father on head.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.41345 of 2024(2) dt.03-07-2024 2/2 case. He further submits that both the parties are agnates and due to enmity this false case has been filed. Learned counsel submits that neither the informant nor his father has sustained any injury as alleged in the F.I.R. He further submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nagar P.S. Case No.109 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T