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Patna High CourtCR. MISC./48380/2024bail granted

Ravi Kumar @ Ravikesh Kumar @ Ravi Kash Kumar v. The State Of Bihar

2024-08-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48380 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== 1.

RAVI KUMAR @ RAVIKESH KUMAR @ RAVI KASH KUMAR SON OF AJAY SAHNI R/O- Vill- Baligaon P.S.-Baligaon Distt.- Vaishali 2.

RANJAN KUMAR SON OF AJAY SAHNI R/O- Vill- Baligaon P.S.- Baligaon Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 504, 506, 307 and 302 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that petitioners are person with clean antecedent and the informant alleges that on 17.01.2024 while his father was having meal when accused, Ganita Devi, came and started abusing, on protest, the petitioners along with other co-accused came and assaulted his father, further Vijay Sahni assaulted his father by an iron rod causing injury on head, thereafter, Chandeshwar

Patna High Court CR. MISC. No.48380 of 2024(2) dt.09-08-2024 2/3 Sahni assaulted him by wooden stick causing injury on his hand. It is next submitted that as far as these petitioners are concrned, they are alleged to have assaulted the informant and his sister, but then it is submitted that no injury was caused to the informant and his sister.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that though specific submission has been made that the informant and his sister did not suffer any injury but then the same is not pleaded in the anticipatory bail application on which the learned counsel for the petitioners submits that even the order impugned does not record about injury of informant and his sister. 5.

Learned counsel for the petitioners further submits that Chandeshwar Sahni and one another have been granted the privilege of anticipatory bail by an order dated 9-8-2024 in Cr. Misc No. 58829 of 2024.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.48380 of 2024(2) dt.09-08-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baligaon P.S. Case No. 07 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that the learned trial court before accepting the bail bonds of the petitioners shall verify the injury report of the informant and his sister and in the event if it is found that informant or his sister has suffered grievous injury, in that event, the present anticipatory bail order shall not be given effect to, but if the injury, if any, suffered by the informant and his sister is simple in nature, in that event, the anticipatory bail bonds of the petitioners shall be accepted forthwith. (Satyavrat Verma, J) SUMIT/- U T