Ram Kishor Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78665 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== 1.
Ram Kishor Kumar 2.
Yogendra Kumar @ Lallu Kumar Both are Son of Surendra Prasad Singh, Resident of Village- Indrapuri, PSTilauthu, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayashankar Mishra, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioners and Mr. Uday Pratap Singh, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Tilauthu P.S. Case No. 250 of 2024 instituted for the offence under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The case of the prosecution is that petitioners along with others were attempting to strangulate the father of the informant with the help of gamcha. On seeing this, the son of the informant went to save his grandfather then he was also assaulted by means of lathi-danda due to which he sustained head injuries.
4. During course of the argument, learned counsel for
Patna High Court CR. MISC. No.78665 of 2024(2) dt.02-12-2024 2/2 the petitioners have submitted that there is also a counter version of this case regarding the occurrence of the same date and in the occurrence, petitioners have also received injuries. The petitioners are having clean antecedent.
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 that there is a case and counter case and both the parties have received injuries as well as petitioners are having no criminal antecedent, 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 Tilauthu P.S. Case No. 250 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 from the court of learned court of Judicial MagistrateI, Dehri, Rohtas subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) durgesh/- U T