Annu Kumar @ Annu Ashish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80292 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.
ANNU KUMAR @ ANNU ASHISH Son of Awadhesh Ray R/o vill - Jalalpur, P.S. - Patori (Mohanpur O.P), Distt. - Samastipur 2.
Ramu @ Sahil @ Sahil Kumar Son of Awadhesh Ray R/o vill - Jalalpur, P.S. - Patori (Mohanpur O.P), Distt. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 447 and 34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioners are said to have assaulted the informant by means of iron rod.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is compromise between the parties. He submits that one of the co-accused, namely, Awadhesh Rai was granted bail by the
Patna High Court CR. MISC. No.80292 of 2023(2) dt.18-12-2023 2/2 learned Court below on the basis that the victim himself presented in the Court and minor injury was seen on the head of the informant. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that injury found upon the victim is simple in nature and also there is compromise between the parties, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Patori (Mohanpur O.P.) P.S. Case No.163 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T