Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55132 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

Nirmal Kumar son of Ajay Singh Village- Rampur Ps- Surajgarha DistLakhisarai 2.

Pranav Kumar son of Ajay Singh Village- Rampur Ps- Surajgarha DistLakhisarai 3.

Nilkamal son of Surendra Singh Village- Rampur Ps- Surajgarha DistLakhisarai 4.

Shubham Kumar son of Mukesh Kumar Village- Rampur Ps- Surajgarha Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Suryagarha P.S. Case No. 73 of 2024 registered for the alleged offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

03. As per prosecution case, petitioners and co-accused snatched a gold locket from the informant threatening him with pistol. Thereafter, they assaulted the informant and his cousin with butt of pistol, danda and iron rod, causing a number of injuries to them.

Patna High Court CR. MISC. No.55132 of 2024(2) dt.31-08-2024 2/3

04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The date of occurrence is 18.02.2024 but the FIR has been lodged 20.02.2024 without any explanation for the delay. The injury reports of the victims show three injuries on each victims but the injuries are caused by hard and blunt object and all simple in nature. Moreover, the matter has also been compromised between the parties. The petitioners are student and aged about 1920 years. The petitioners are having clean antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the simple nature of injuries and further considering clean antecedent of the petitioners, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/court concerned in connection with Suryagarha P.S. Case No. 73 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

Patna High Court CR. MISC. No.55132 of 2024(2) dt.31-08-2024 3/3 (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T