← Library
Patna High CourtCR. MISC./55561/2023bail granted

Ramu Kumar @ Ramu Prasad v. The State Of Bihar

2023-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55561 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== Ramu Kumar @ Ramu Prasad S/O- Harendra Prasad Village- Madhopur PsBarauli Madhopur OP Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1,A.P.P Mr.Prashant Kumar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner, State and informant.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 325, 307, 354(B), 379, 302/34 of the Indian Penal Code.

3. As per the prosecution case, the F.I.R. named accused persons including this petitioner alongwith three unknown persons assaulted informant and her husband by means of sword, iron rod and farsa, due to which, husband of the informant died during course of treatment.

4. It is submitted on behalf of petitioner that as per F.I.R., petitioner is not the assailant of deceased. Allegation levelled against this petitioner is general and omnibus in nature.

Patna High Court CR. MISC. No.55561 of 2023(3) dt.06-12-2023 2/2 Petitioner is only alleged have assaulted the informant, who has sustained simple injury. Similarly situated co-accused Bablu Kumar has already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 18.10.2023 passed in Cr.Misc. No. 62248 of 2023. Petitioner has got clean antecedent.

5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Sugam Kumari, Judicial Magistrate, Siwan in connection with Jamo Bazar P.S. Case No. 118 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T