Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76424 of 2024 Arising Out of PS. Case No.-474 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Suraj Kumar S/o Vijay Rai R/o vill - Ishopur Near Devisthan, P.s .- Phulwarishariff, Distt. - Patna 2.

Babloo Kumar @ Babloo S/o Late Bishwanath Prasad R/o vill - Ishopur Near Devisthan, P.s .- Phulwarishariff, Distt. - Patna 3.

Santosh Kumar S/o Late Bishwanath Prasad R/o vill - Ishopur Near Devisthan, P.s .- Phulwarishariff, Distt. - Patna 4.

Vishal Kumar @ Golu Kumar @ Golu S/o Santosh Kumar R/o vill - Ishopur Near Devisthan, P.s .- Phulwarishariff, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Phulwarishariff Police Station Case No. 474 of 2024, disclosing offences under Sections 147, 149, 341, 447, 323, 307, 427, 504 and 506 of the Indian Penal Code.

3. As per the First Information Report, on 26.03.2024, the petitioners, along with other accused persons total 11 in numbers, entered into the house of the informant with lathi, danda and assaulted him, who sustained injuries.

Patna High Court CR. MISC. No.76424 of 2024(2) dt.14-11-2024 2/3

4. Learned Counsel for the petitioners submit that the petitioners have falsely been implicated in this case as a counterblast to the case lodged by the wife of the petitioner no. 3 against the informant others, bearing Phulwarishariff P.S. Case No. 473 of 2024, which is prior in time to the present F.I.R. Learned counsel further submits that infact the side of the petitioners have sustained grievous injury, as would be evident from the injury report annexed as Annexure-P/3 and the Annexure-P/4 reflects that the informant sustained simple injury.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that there is case and counter case, injuries sustained by the informant are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIV, Patna in connection

Patna High Court CR. MISC. No.76424 of 2024(2) dt.14-11-2024 3/3 with Phulwarishariff Police Station Case No. 474 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) Siwani/- U T