Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59722 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- DHANARUA District- Patna ====================================================== 1.

Deepu Kumar Son of Baleshwar Prasad 2.

Bikki Kumar Son of Jhar Prasad 3.

Sanjeet Kumar Son of Bhola Prasad 4.

Santosh Kumar Son of Baleshwar Prasad All are residents of Village- Sakarpura, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Dhanarua P.S. Case No. 225 of 2019, registered under Sections 323, 324, 307, 504, 506, 341, 342, 379 of the Indian Penal Code.

The allegation against the petitioners, as per FIR, is that while the informant was coming in his 14 wheeler Haiwa truck he was intercepted by some boys near Sakarpura village, P.S.-Masaurhi, who started brick batting upon the truck, snatched Rs.10,000/- and mobile phone from the informant and also assaulted him by means of rod.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.59722 of 2019(2) dt.24-09-2019 2/2 motive. He further submits that the petitioners are student, they have been implicated in this case on the basis of suspicion and there is no direct allegation against the petitioners. He further submits that injury report is not available on record and allegation of assault against the petitioners is palpably not correct. He further submits that no recovery has been made by the police from the possession of the petitioners. After having heard learned counsel for the parties and taking into consideration the fact that the petitioners are student, I am inclined to grant anticipatory bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Masaurhi in connection with Dhanarua P.S. Case No. 225 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T