Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44095 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== 1.
Vishal Kumar Son Of Abhaya Prasad Village- Bihta, Ps- Hulaganj, DistJehanabad 2.
Abhaya Prasad Son Of Late Chandrika Prasad Village- Bihta, Ps- Hulaganj, Dist- Jehanabad 3.
Sanchit Kumar @ Sani @ Sunny Son Of Late Rakesh Prasad Village- Bihta, Ps- Hulaganj, Dist- Jehanabad ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Kumar For the Opposite Party/s :
Mr.Surendra Kumar Mr.SANJAY KUMAR Mr.SHASHI SHEKHAR SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024
1. Heard learned counsel for the petitioners, the learned counsel appearing on behalf of the informant and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is next submitted that the informant alleges that the accused persons
Patna High Court CR. MISC. No.44095 of 2024(2) dt.12-07-2024 2/3 came and Vishal assaulted the informant by an iron rod causing injury on head when informant was going to attend a funeral. Thereafter, Abhay is alleged to have assaulted Rajiv, who came to save the informant by khanti on head. Thereafter, Sanchit assaulted Bipin by means of butt on head.
4. The learned counsel for the petitioners submits that though informant alleges that accused assaulted them, but then, the blow was not repeated and the injury suffered by the injured is simple in nature as would manifest from the injury report of the injured annexed as Annexure- P/2 to P/4 series, which amply demonstrates that petitioners never had any intention of committing a serious or a grievous injury.
5. The learned counsel appearing on behalf of the informant as well as learned A.P.P. opposes the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the injury suffered by the injured is simple in nature.
6. 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 Court below within a period of six weeks, are directed to be released on bail
Patna High Court CR. MISC. No.44095 of 2024(2) dt.12-07-2024 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in connection with Hulasganj P. S. Case No.19 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T