Lav Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6455 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- ATRI District- Gaya ====================================================== 1.

LAV KUSH KUMAR Son of Late Kailash Singh R/o Riula (Riwla), P.S.- Atri, District - Gaya 2.

Sharwan Kumar Son of Late Kailash Singh R/o Riula (Riwla), P.S.- Atri, District - Gaya 3.

Bhushan Kumar Son of Manik Ram R/o Riula (Riwla), P.S.- Atri, District - Gaya 4.

Baliram Kumar Son of Meghan Manjhi R/o Riula (Riwla), P.S.- Atri, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147,149,341,323,324,325,307,379,504,506 of the Indian Penal Code.

On the alleged date and time of occurrence while informant and his friend (Gulshan Kumar) were going to purchase the articles for Saraswati Puja, all the accused petitioners armed with various weapons followed them and

Patna High Court CR. MISC. No.6455 of 2023(2) dt.11-05-2023 2/2 assaulted them causing head injury to the informant and his friend and also snatched Rs 17340/- from the pocket of the informant.

Learned counsel for the petitioners submits that allegation of assault is general and omnibus in nature. There is case and counter case and no specific overt act is alleged against these petitioners. Petitioners claim clean antecedent. Learned counsel for the State opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of C.J.M. Gaya or concerned court at Gaya in connection with Atri P.S. Case No. 40 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T