Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69650 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- DESARI District- Vaishali ====================================================== 1.

Gautam Kumar (Minor) Under the Guardianship of Father Ranjeet Ray, S/oRamjatan Ray Under the Guardianship of Father Ranjeet Ray, Son of Ramjatan Ray. R/O Village- Uphraul, P.S.- Desari, District- Vaishali. 2.

Suraj Kumar @ Suraj Paswan @ Tipoli (Minor) Under the Guardianship of Father Sunil Paswan, S/o- Rajendra Paswan R/O Village- Uphraul PSDesari District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Desari P.S. Case No.173 of 2024 instituted for the offence under Sections 341, 323, 354, 436, 504 and 506/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioners used to tease the grand-daughter of the informant and on this issue a panchayati was held. It is further alleged that on 18.05.2024, the petitioners along with two others came near the house of the informant and put fire to the hut.

Patna High Court CR. MISC. No.69650 of 2024(2) dt.25-10-2024 2/2

4. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Desari P.S. Case No.173 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J.) durgesh/- U T