Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57972 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- BIND District- Nalanda ====================================================== 1.

Amit Kumar, male, aged about 22 years, Son of Baban Ram, Resident of Village- Mohadipur, P.S.- Bind, Dist- Nalanda 2.

Gopal Kumar, male, aged about 23 years, Son of Strudhan Ram @ Satrudhan Dhadhi, Resident of Village- Sadarpur, P.S.- Bind, Dist- Nalanda 3.

Golu Kumar, male, aged about 22 years, Son of Lalan Ram, Resident of Village- Mohadipur, P.S.- Bind, Dist- Nalanda ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Satya Prakash, Advocate For the Opposite Party :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Bind P.S. Case No. 37 of 2023 dated 07.04.2023, instituted for the offence punishable under Sections 341, 323, 307, 379, 504, 506 & 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they assaulted the informant and his cousin, namely, Sonu Kumar by means of lathi and boxing punch with intention to kill them.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. The entire allegations levelled against the petitioners are false and concocted. It is further submitted that when the informant was crossing the road then his motorcycle dashed

Patna High Court CR. MISC. No.57972 of 2023(2) dt.13-09-2023 2/2 with the petitioners' vehicles due to which scuffling started. From perusal of the injury report, it appears that the nature of injury is simple in nature. Further, it is submitted that during the course of scuffling, petitioners also got injured but they did not lodged F.I.R.. Lastly, it has been submitted that they have one criminal case is pending against them.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bind P.S. Case No. 37 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif, subject to conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Khatim Reza, J) Gaurav Kumar/- U T