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Patna High CourtCR. MISC./44958/2022allowed

Jai Prakash Kumar v. The State Of Bihar

2023-01-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44958 of 2022 Arising Out of PS. Case No.-372 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

JAI PRAKASH KUMAR Son of Vijay Prasad Resident of village - Naima Katharpar, P.S.- Ghoshi (Okri), District - Jehanabad 2.

Raju Kumar Son of Badri Prasad Resident of village - Naima Katharpar, P.S.- Ghoshi (Okri), District - Jehanabad 3.

Dilip Kumar Son of Badri Prasad Resident of village - Naima Katharpar, P.S.- Ghoshi (Okri), District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Sinha For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504, 306/34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant's side by means of several weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.44958 of 2022(3) dt.09-01-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghoshi (Okri) P.S. Case No.372 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T