Amrit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37962 of 2020 Arising Out of PS. Case No.-842 Year-2019 Thana- FATUA District- Patna ====================================================== 1.
Amrit Kumar Son of Nakul Paswan, Resident of Village- Prahlad Chak, Police Station -Fatuha, District- Patna.
2.
Nakul Paswan Son of Late Dwarika Paswan, Resident of Village- Prahlad Chak, Police Station- Fatuha, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan, Adv.
For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2021 Heard both sides through Video Conferencing.
Petitioners apprehend their arrest in Fatuha P.S. Case No.842 of 2019 registered under Section 307 and other minor sections of the Indian Penal Code and under Section 27 of the Arms Act.
The informant named as many as eight persons in the F.I.R. including these two petitioners and alleged that they all having armed with different weapons came and indiscriminately assaulted his father. It is further alleged that the accused persons also assaulted Niranjan Kumar.
Learned counsel for the petitioners submits that out of eight accused persons, five accused persons moved before this
Patna High Court CR. MISC. No.37962 of 2020(2) dt.02-07-2021 2/3 court in Cr.Misc.No.14705 of 2020 and they have been granted anticipatory bail by a coordinate bench of this Court vide order dated 05.11.2020. It is further submitted that omnibus and general allegation of assault is made against all the accused persons. Saryug Paswan (father of the informant) got two lacerated wounds on his head. Opinion with regard to the injuries has been kept reserved. Niranjan Kumar also got only one lacerated swelling injury on left forearm and second injury is body-ache. Same and similar allegation is made against all the accused persons.
Learned A.P.P., however, opposed the prayer for anticipatory bail.
Taking into consideration the facts that omnibus and general allegation of assault is made against all the eight accused persons out of whom five accused persons have already been granted anticipatory bail by a coordinate bench of this court and the case of the petitioners stands on the same footing, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of
Patna High Court CR. MISC. No.37962 of 2020(2) dt.02-07-2021 3/3 the like amount each to the satisfaction of learned A.C.J.M. V, Patna City, Patna in connection with Fatuha P.S. Case No.842 of 2019, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T