Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71342 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
Avinash Kumar Son of Sri Akhilesh Kumar Singh @ Akhilesh Singh @ Billa Singh Resident of Village- Rawaich, P.S.- Bakhtiyarpur, DistrictPatna. 2.
Abhishek Kumar Son of Sri Akhilesh Kumar Singh @ Akhilesh Singh @ Billa Singh Resident of Village- Rawaich, P.S.- Bakhtiyarpur, DistrictPatna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Manglam For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Bakhtiyarpur PS case no. 140 of 2019 registered for the offences punishable under Sections 307 and other sections of Indian Penal Code.
The allegation is regarding altercation having taken place in between the petitioners and the prosecution party resulting in injuries to the injured persons.
The learned counsel for the petitioners submits that though the injuries are head injuries but they are simple in nature. The petitioners are stated to be having clean antecedent and they have been falsely implicated in the present case on account of
Patna High Court CR. MISC. No.71342 of 2019(2) dt.20-11-2019 2/2 previous enmity.
Having regard to the facts and circumstance of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Barh, Patna in connection with Bakhtiyarpur PS case no. 140 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
It is further directed that the petitioners shall mark their presence before the officer-in-charge of the concerned police station at 10 am on every Monday, starting from the day they are released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioners shall be taken into custody forthwith.