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Patna High CourtCR. MISC./65352/2023bail granted

Raj Kumar Singh v. The State Of Bihar

2023-11-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65352 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- AMNAUR District- Saran ====================================================== 1.

Raj Kumar Singh S/O- Late Raj Haran Singh Village- Kawalpura PsMashrakh Dist- Saran 2.

Vikash Kumar Son Of Sita Ram Singh Village- Kawalpura Ps- Mashrakh Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Amnaur P.S. Case No. 14 of 2023 dated 01.02.2023 registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504 and 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused person were in drunken condition and harassing the

Patna High Court CR. MISC. No.65352 of 2023(2) dt.07-11-2023 2/3 girls present at the marriage ceremony. On the protest of the informant and his friends, the petitioner Vikash Kumar assaulted the informant with a knife on his head causing injury and the petitioner Raj Kumar started to strangulate him with a belt. In the meantime, the co-accused Manan Kumar also assaulted the informant with his belt and took out Rs. 20,400/- from his pocket.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has further submitted that the injuries are simple in nature.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the specific allegation of assault is against the petitioner Vikash Kumar.

7. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like

Patna High Court CR. MISC. No.65352 of 2023(2) dt.07-11-2023 3/3 amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Amnaur P.S. Case No. 14 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T