Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80298 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Pawan Kumar Son of Anu Thakur, R/o Vill.- Kosama, P.S.- Chandauti, Dist.- Gaya.

2.

Anu Thakur Son of Late Shiv Nandan Thakur, R/o Vill.- Kosama, P.S.- Chandauti, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate.

For the State :

Mr. Dr. Ajeet Kumar, APP.

For the Informant :

Mr. Kamal Kumar Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Chandauti P.S. Case No.205 of 2024 instituted under Sections 341, 323, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, for not participating in shradhkarm of mother of petitioner no.2, co-accused Ashish Kumar assaulted to informant with iron rod, due to which he sustained head injury and when Nitish Kumar came to rescue the informant then co-accused Anil Thakur assaulted him with iron rod, due to which he sustained head injury. Further

Patna High Court CR. MISC. No.80298 of 2024(2) dt.04-12-2024 2/3 allegation is that the petitioner no.1 assaulted the informant with lathi and other co-accused persons also assaulted the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that the injury on the injured Nitish Kumar is simple in nature and the injury report of informant shows that he got grievous injury caused by hard and blunt object on his head and the allegation is on the co-accused Ashish Kumar, who is not the petitioner herein. Learned counsel submits that there is case and counter case between the parties and the petitioners are own gotiya of the informant. He further submits that petitioners have clean antecedent and they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Gaya in connection with Chandauti P.S. Case

Patna High Court CR. MISC. No.80298 of 2024(2) dt.04-12-2024 3/3 No.205 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T