Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61653 of 2024 Arising Out of PS. Case No.-322 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.
Abhay Kumar Son of Adhik mandal Resident of Village- Parariya, Ward no.- 7, P.S- Shambhuganj, District- Banka 2.
Ankush Kumar Son of Manoj Kumar Resident of Village- Parariya, Ward no.- 7, P.S- Shambhuganj, District- Banka 3.
Sumit Kumar Son of Jyotish Mandal Resident of Village- Parariya, Ward no.- 7, P.S- Shambhuganj, District- Banka 4.
Chhatish Mandal @ Satish Mandal Son of Late Devi Mandal Resident of Village- Parariya, Ward no.- 7, P.S- Shambhuganj, District- Banka 5.
Mithilesh Kumar @ Mithlesh Kumar Son of Uday Mandal Resident of Village- Parariya, Ward no.- 7, P.S- Shambhuganj, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandan Prasad, Adv For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Learned counsel for the petitioners and learned APP for the State are present.
2. The petitioner are apprehending arrest in connection with Shambhuganj P.S. Case No. 322 of 2023, lodged on 22.11.2023, for offences punishable under Sections 341/323/324/307/504 of the Indian Penal Code.
3. As per the prosecution, the F.I.R., has been lodged against five named accused persons (Petitioners) with an allegation that they have assaulted the informant by cutting his wrist and they also have detached informant's finger and caused severe injuries to him.
Patna High Court CR. MISC. No.61653 of 2024(2) dt.11-09-2024 2/2
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that petitioners have clean antecedent and their names have been figured only and only due to the dirty village politics. He further submits that there is general and omnibus allegations against all the accused persons.
5. Learned APP for the State opposes the prayer for bail and submits that they all in connivance with each other have attacked on the informant.
6. In the light of the submission made and upon bare reading of the F.I.R., this Court is not inclined to enlarge the petitioners on bail. Accordingly, the present anticipatory bail application of the petitioners is hereby rejected.
7. However, if the petitioners surrender before the Trial Court within four weeks from today and prays for regular bail, the Trial Court shall consider the bail application of the petitioners on the same day on merit without being prejudiced by the present order.
(Dr. Anshuman, J) Sunnykr/- U