Awinash Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31739 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Awinash Kumar, Son of Phulandra Sharma,

2. Phulendra Sharma, Son of Ram Tanuk Sharma, Both R/o VillageImadpur, P.S.- Hulasganj, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Alias Sharma, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Hulasganj P.S. Case No. 58 of 2018, registered for offences punishable under Sections 323, 341, 504, 506 and 308/34 of the Indian Penal Code.

As per F.I.R. allegation against the petitioners is that vehicle of the petitioners dashed with the Scorpio and there was some scratch on this vehicle due to which some altercation took place and they assaulted with bricks, stones, lathi and danda to the father of the informant, causing injuries. Submission of the learned counsel for the petitioners is that the allegations are general and omnibus and the injuries are

Patna High Court Cr.Misc. No.31739 of 2018 (4) dt.05-07-2018 2/2 found to be simple in nature and the petitioners have no criminal antecedents.

Learned A.P.P. opposes the prayer for.

However, in the facts and circumstances, I am not inclined to grant bail to the petitioner and if the petitioners surrender before the Court below and make prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

With this observation, this application is disposed of, if possible on the same day.

(Vinod Kumar Sinha, J) Sudha/- U T