Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63796 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.

Alok Kumar Son of Visbanath Singh @ Vishwanath Singh Resident of village- Fatehpur, PS -Didarganj, District -Patna 2.

Pinku Kumar son of Bilash Singh @ Vilash Singh Resident of villageFatehpur, PS -Didarganj, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Arvind Kumar Pradhan, Advocate For the State :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners and 10 unknown persons brutally assaulted two nephews of the informant by means of butt of pistol and other weapons, as a result of which both of them sustained injuries.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.63796 of 2024(2) dt.25-09-2024 2/3 behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. As a matter of fact, on the alleged date and time of occurrence, due to a petty dispute, a free fight took place between the parties in which both sides sustained injuries. There is case and counter-case between the parties. Allegations are general and omnibus and there is no specific accusation of overt act against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna City, in connection with Didarganj P.S. Case No. 118 of 2024, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.63796 of 2024(2) dt.25-09-2024 3/3 Criminal Procedure.

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