Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66569 of 2023 Arising Out of PS. Case No.-504 Year-2023 Thana- NAWADA District- Nawada ====================================================== Kaushal Kumar Son Of Guddu Yadav R/O Vill- Musan Bigha, Ps- Nagar, Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73329 of 2023 Arising Out of PS. Case No.-504 Year-2023 Thana- NAWADA District- Nawada ====================================================== Suresh Yadav Son Of Chando Yadav R/O Village- Musan Bigha, P.S.- Nawada (town), District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 66569 of 2023) For the Petitioner/s :
Mr.Rahul Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Singh (In CRIMINAL MISCELLANEOUS No. 73329 of 2023) For the Petitioner/s :
Mr.Murari Narain Chaudhary For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in a
Patna High Court CR. MISC. No.66569 of 2023(3) dt.22-01-2024 2/3 case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
4. Petitioners along with other accused persons are said to have assaulted the son of the informant by means of Lathi-danda and Belcha.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to dirty village politics. He submits that in the supplementary medical report, the injury found upon the victim is simple in nature. He submits that the petitioner and informant are co-villagers. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.
6. Learned APP for the State and learned counsel for the informant oppose the prayer for bail submit that there is specific overt act against Kaushal Kumar.
7. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner namely Suresh Yadav, let the above named petitioner of Cr. Misc. No. 73329 of 2023 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond
Patna High Court CR. MISC. No.66569 of 2023(3) dt.22-01-2024 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nawada Nagar P.S. Case No. 504 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
8. So far as petitioner of Cr. Misc. No. 66569 of 2023 is concerned, I am not inclined to enlarge the petitioner of Cr. Misc. No. 66569 of 2023 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.
(Anjani Kumar Sharan, J) devendra/- U T