Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51295 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== 1.

AMIT KUMAR S/o Papendra Prasad Yadav R/o Village- Bathnaha, Ward No. 08, P.S.- Janki Nagar, District- Purnea 2.

AJEET KUMAR @ AJEET KUMAR YADAV S/o Tapendra Prasad Yadav R/o Village- Bathnaha, Ward No. 08, P.S.- Janki Nagar, District- Purnea 3.

SAURAV KUMAR S/o Vijay Yadav R/o Village- Bathnaha, Ward No. 08, P.S.- Janki Nagar, District- Purnea 4.

DIWAKAR KUMAR S/o Late Pawan Yadav R/o Village- Bathnaha, Ward No. 08, P.S.- Janki Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Jankinagar P.S. Case No. 100 of 2022 registered for the offences punishable under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code. As per the prosecution case, allegation against the

Patna High Court CR. MISC. No.51295 of 2022(2) dt.10-01-2023 2/3 petitioners is of assaulting Bhim Yadav and his wife namely Rita Devi and Rita Devi was also assaulted by co-accused Karuna Devi by means of dabia.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. He has further submitted that there is no specific allegation against the petitioners whereas the specific allegation has been levelled against the co-accused Tapendra Yadav who assaulted the son of the informant, has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 19.12.2022 passed in Cr. Misc. No. 60387 of 2022. Learned counsel has further submitted that there is general and omnibus allegation against the petitioners. The petitioners have got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like

Patna High Court CR. MISC. No.51295 of 2022(2) dt.10-01-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Jankinagar P.S. Case No. 100 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T