Dilip Ram @ Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56997 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- MAHKAR District- Gaya ====================================================== 1.
Dilip Ram @ Dilip Kumar S/o Sidheshwar Ram R/o vill - Jamuama, P.s. - Mahkar, Distt. - Gaya 2.
Manju Kumari @ Manju Devi W/o Dilip Ram @ Dilip Kumar R/o vill - Jamuama, P.s. - Mahkar, Distt. - Gaya 3.
Shashikant Kumar S/o Dilip Ram @ Dilip Kumar R/o vill - Jamuama, P.s. - Mahkar, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the State :
Mr. Amitesh Kumar, A.P.P.
For the Informant :
Mr. Vishwa Ranjan Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 307, 427, 379, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners, armed with lathi, danda and iron rod, entered the house of informant and petitioner No. 1 assaulted on the head of informant by means of iron rod. Thereafter, all the accused persons assaulted informant and his daughter and co-
Patna High Court CR. MISC. No.56997 of 2024(2) dt.11-09-2024 2/2 accused Gudiya Kumari snatched away her gold earring.
4. Learned counsel for the petitioners submits that due to petty dispute, an altercation took place between the parties. Allegation of assault is general and omnibus. Rest of the allegations are ornamental. Injury allegedly caused by these petitioners is simple in nature.
5. Learned counsel for the informant vehemently opposed the bail application and submitted that petitioners are named in the F.I.R. with specific accusation of assault.
6. Considering the backdrop of the case and simple injury, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Gaya in connection with Mahkar P. S. Case No. 238 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T