Dipu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57882 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- NARHATT District- Nawada ====================================================== 1.

Dipu Kumar Son of Sunil Rajvanshi R/O Vill.- Patraul, P.S.- Narhat, Dist.- Nawada.

2.

Dhiraj Kumar Son of Sanjay Rajvanshi R/O Vill.- Patraul, P.S.- Narhat, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Narhat P.S. Case No. 132 of 2024, instituted under Sections 147, 149, 323, 307, 354, 504/34 of the Indian Penal Code.

3. As per the prosecution case, all the F.I.R. named accused persons including the petitioners are alleged to have assaulted and misbehaved with the informant. When father-inlaw of the informant came to rescue, petitioners assaulted him causing head injury. The accused persons also assaulted the family members of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.57882 of 2024(2) dt.11-09-2024 2/2 case. Both parties are co-villagers and earlier co-accused, Urmila Devi, had filed a case against the informant and her husband and to save herself, informant has filed the present case making allegation against 13 accused persons including the petitioners. Injury caused to the injured Baleshwar Prasad Yadav is simple in nature. There is two days delay in filing the F.I.R. Petitioners have no criminal antecedents. They undertake to cooperate in the investigation.

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

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada in connection with Narhat P.S. Case No. 132 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T