Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49854 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Himanshu Kumar Son Of Late Ranjan Singh R/O Village- Madhurapur Bichla Tola, P.S.- Teghra, District- Begusarai 2.

Niranjan Singh Son Of Late Yogendar Singh R/O Village- Madhurapur Bichla Tola, P.S.- Teghra, District- Begusarai 3.

Rajesh Kumar Son Of Arvind Singh R/O Village- Madhurapur Bichla Tola, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. After some arguments, learned counsel for the petitioner no.2 seeks permission to withdraw this application.

3. Permission is granted.

4. Accordingly, the instant application with regard to petitioner no.2 is dismissed as withdrawn.

5. However, if the petitioner no.2 surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact there is no specific overt act

Patna High Court CR. MISC. No.49854 of 2023(3) dt.12-09-2023 2/3 against petitioner no.2.

6. Now this application is being heard only with regard to petitioner nos. 1 & 3 only.

7. Heard learned counsel for the rest of the petitioners and learned APP for the State.

8. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 325/34 of the Indian Penal Code pending in the learned court below.

9. Allegation against the petitioners is that they along with other co-accused persons assaulted the informant's side.

10. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that allegation against the petitioner no.2 to fire upon the informant with katta and out of six injury of the informant one injury was found grievous in nature but not danger to life and rest of the injuries were found simple in nature. He submits that earlier the petitioners had filed a case against the informant thereafter the present case has been lodged by the informant. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.49854 of 2023(3) dt.12-09-2023 3/3

11. Learned APP for the State opposes the prayer for bail.

12. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victim is simple in nature, let the petitioner nos.1 & 3, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Teghra P.S. Case No.229/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

13. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) ajay/- U T