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Patna High CourtCR. MISC./2293/2023bail granted

Amar Nath Kumar @ Amar Nath Prasad v. The State Of Bihar

2023-05-08Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2293 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- MANER District- Patna ====================================================== 1.

Amar Nath Kumar @ Amar Nath Prasad Son of Rajendra Rai R/V- Khaspur, P.S- Maner,Dist- Patna 2.

Vidaya Sagar Yadav @ Vidya Sagar Son of Rajendra Rai R/V- Khaspur, P.SManer,Dist- Patna 3.

Bijendra Rai @ Bijendra Prasad Son of Dev Narayan Yadav R/V- Khaspur, P.S- Maner,Dist- Patna 4.

Bittu Kumar son of Bijendra Rai R/V- Khaspur, P.S- Maner,Dist- Patna 5.

Ramadhayan Rai Son of Jagdish Rai R/V- Khaspur, P.S- Maner,Dist- Patna 6.

Aditya Kumar Son of Ramdhayan Rai R/V- Khaspur, P.S- Maner,Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 At the outset, counsel for petitioners seeks permission to withdraw this anticipatory bail application with respect to Bijendra Rai @ Bijendra Prasad petitioner no. 3 and Bittu Kumar petitioner no. 4, as during pendency of this case, they have already been arrested.

Permission is granted. The anticipatory bail application with respect to petitioner nos. 3 and 4 is dismissed as withdrawn having become infructuous.

Heard learned counsel for the petitioners and the State.

Patna High Court CR. MISC. No.2293 of 2023(2) dt.08-05-2023 2/3 The petitioner nos. 1, 2, 5 and 6 apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons including petitioners assaulted the informant with iron rod due to which he received injury in his finger. It is submitted that allegation of assault is general and omnibus. Though injury sustained by the informant is grievous in nature but the injury caused on non-vital part of the body. Petitioners claim clean antecedents.

Counsel for informant however vehemently opposed the prayer for bail and submitted that informant sustained grievous injury.

Considering the facts aforesaid, the petitioner nos. 1, 2, 5 and 6 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Judicial Magistrate Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 345 of 2022, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.2293 of 2023(2) dt.08-05-2023 3/3 438(2) of the Code of Criminal Procedure.

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