Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65528 of 2021 Arising Out of PS. Case No.-585 Year-2021 Thana- NAWADA District- Nawada ====================================================== 1.
JITENDRA KUMAR Son of Kishori Prasad @ Kishori Sao Resident of Village - Station Road, P.S.- Nawada Town, District - Nawada 2.
Raja Kumar Son of Kishori Prasad @ Kishori Sao Resident of Village - Station Road, P.S.- Nawada Town, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nawada P.S. Case no. 585 of 2021 instituted for the offence under Sections 341, 323, 325, 308, 379, 504/34 of the Indian Penal Code.
As per allegation in the FIR, when the informant was going, several accused persons variously armed with weapons started to abuse and co-accused Kishori Sal assaulted by tengari on his head and in his rescue his son came there, who was also assaulted by Sonu Kumar by iron rod resulting into his head
Patna High Court CR. MISC. No.65528 of 2021(2) dt.18-07-2022 2/3 injury. Allegation against the petitioners is of snatching gold chain and Rs. 18,000/- from the informant.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in the alleged incident. They have got no criminal antecedent. Injury reports are annexed as Annexure-3 series from which it is apparent that son of the informant has sustained simple injury and informant has also received simple injury except injury no.
4. After prevailing good sense between the parties, compromise has taken place. Compromise petition is annexed as Annexed-4 to the petition.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nawada P.S. Case no. 585 of 2021, they will be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.65528 of 2021(2) dt.18-07-2022 3/3 Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U