Vinay Kumar @ Vinay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63052 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- FATUA District- Patna ====================================================== 1.

Vinay Kumar @ Vinay Prasad Son of Krishna Singh @ Krishna Prasad Resident of Village -Chak Pitambarpur, Bhikhua, P.S. - Fatuha, District - Patna 2.

Krishna Singh @ Krishna Prasad Son of Late Kuwar Singh Resident of Village -Chak Pitambarpur, Bhikhua, P.S. - Fatuha, District - Patna 3.

Nitish Kumar Son of Vinay Kumar @ Vinay Prasad Resident of Village -Chak Pitambarpur, Bhikhua, P.S. - Fatuha, District - Patna 4.

Monu Kumar Son of Late Vinod Prasad Resident of Village -Chak Pitambarpur, Bhikhua, P.S. - Fatuha, District - Patna 5.

Rahul Kumar Son of Late Vinod Prasad Resident of Village -Chak Pitambarpur, Bhikhua, P.S. - Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP Ms. Mickey Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in connection with Fatuha P.S. Case No. 107 of 2023 registered under Sections 323, 341, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, on 08.02.2023 at about 10:00 am, while informant was returning home in the meantime, all the F.I.R. named accused persons including these petitioners surrounded him and abused him. It is further alleged that all the accused persons assaulted informant as a result of which, he

Patna High Court CR. MISC. No.63052 of 2024(5) dt.08-01-2025 2/2 sustained injury.

4. Learned counsel appearing on behalf of the petitioners submits that the present case is counter blast of Complaint Case No. 192 of 2023 which was lodged by Uma Devi (wife of petitioner no. 1) against informant and others. Allegation of assault is general and omnibus. The doctor has found the injury simple in nature. Petitioners have got clean antecedent.

5. Learned A.P.P. appearing on behalf of the State and learned counsel for the informant opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case as well as the nature of injury, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Fatuha P.S. Case No. 107 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T