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Patna High CourtCR. MISC./66371/2023allowed

Kartik Kumar @ Kartik Yadav v. The State Of Bihar

2023-12-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66371 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

Kartik Kumar @ Kartik Yadav, S/O Arvinda Kumar, R/O Village- Fatehpur, P.S- Sherghati (DOVI), District- Gaya.

2.

Shivshankar Kumar @ Monty Yadav, S/O Naresh Yadav, R/O VillageGhonghawan, P.S- Dovi, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Sherghati (Dovi) P.S. Case No. 34 of 2023 registered for the offences punishable under Sections 341, 342, 323, 308, 506/ 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have assaulted the informant and his friend due to which he became unconscious.

4. Learned counsel for the petitioners submits that FIR was lodged after delay of 24 days after the occurrence without assigning any plausible reason for the delay. No injury

Patna High Court CR. MISC. No.66371 of 2023(3) dt.08-12-2023 2/2 sustained on the vital part of the informant. There is no allegation to assault the informant by using hard and blunt substance. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sherghati (Dobhi) P.S. Case No. 34 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T