Ayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46451 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Ayush Kumar Son of Rajeshwar Thakur Resident of village - Barheta, Kalyanpur P.S., Distt. - Samastipur, Bihar 2.

Sanjit Kumar Son of Sundar Thakur Resident of village - Barheta, Kalyanpur P.S., Distt. - Samastipur, Bihar 3.

Babul Kumar Son of Dayanand Thakur Resident of village - Barheta, Kalyanpur P.S., Distt. - Samastipur, Bihar 4.

Rupesh Thakur Son of Late Guhu Thakur Resident of village - Barheta, Kalyanpur P.S., Distt. - Samastipur, Bihar 5.

Ranjit Kumar Son of Sundar Thakur Resident of village - Barheta, Kalyanpur P.S., Distt. - Samastipur, Bihar 6.

Satish Kumar Son of Mukesh Thakur Resident of village - Barheta, Kalyanpur P.S., Distt. - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP Mr. Mahendra Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State as well as learned counsel, who has voluntarily appeared on behalf of informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 149, 341, 323, 307, 448, 379, 504, 354B of the Indian Penal Code.

3. As per F.I.R. some dispute arose in the marriage ceremony of daughter of the informant over playing D.J., in

Patna High Court CR. MISC. No.46451 of 2023(3) dt.01-07-2024 2/3 which, it is alleged that these petitioners alongwith other F.I.R. named accused persons assaulted the family members of informant and on protest by husband of the informant protested, co-accused Bholu Kumar assaulted him with iron rod causing injury on his head and in course of treatment, husband of informant died.

4. Learned counsel for the petitioners submits that specific accusation of assault is against co-accused Avinash @ Bholu Kumar and Ankit Kumar. So far as these petitioners are concerned, there is general and omnibus allegation. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 99 of 2023, corresponding to G.R. No. 1095 of 2023, subject to condition as

Patna High Court CR. MISC. No.46451 of 2023(3) dt.01-07-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T