Omanjee Kumar @ Sonmani Kumar @ Uttkarsh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44551 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================
1. Omanjee Kumar @ Sonmani Kumar @ Uttkarsh Kumar, S/o Dilip Singh @ Dilip Kumar Singh @ J. P. Singh,
2. Tinku Kumar @ Ankit Kumar, S/o Dilip Singh @ Dilip Kumar Singh @ J. P. Singh, Resident of Village- Basepur, P.S.- Ambad, District- Aurangabad.
3. Vineet Kumar @ Bineet Kumar, S/o Nawlesh Kumar Singh, Resident of Village- Dehri, P.S.- Aurangabad (Muffasil), District- Aurangabad ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Rakesh Singh, Adv.
For the State :
Mr. Ajit Kumar, APP For the informant :
Mr. Prashant Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 At the very outset, it has been submitted that petitioner no. 2, Tinku Kumar @ Ankit Kumar, has been arrested, as such, the anticipatory bail application on behalf of the petitioner no. 2 is dismissed as infructuous.
Heard the learned counsel for the petitioners. The petitioners are apprehending their arrest in connection with Town P.S. Case No. 171 of 2018 registered for offences punishable under Sections 307, 379, 385, 341, 323, 324, 504 and 506 of the Indian Penal Code.
Allegation against the petitioners is that they assaulted to the informant causing injury.
Patna High Court Cr.Misc. No.44551 of 2018(2) dt.30-07-2018 2/3 Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case due to the reason that there is case and counter case and the petitioners are students. The petitioners have no criminal antecedent. Heard learned Additional Public Prosecutor and learned counsel for the informant who has opposed the prayer for anticipatory bail that there is case of rangdari also and he has admitted that the police has not taken the injured to examine by the doctor, as such, there is no injury report available on record. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners nos.
1 and 3, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Town P.S. Case No.
(I) One of the bailors of each of the petitioners shall be a local person, having sufficient immovable property within
Patna High Court Cr.Misc. No.44551 of 2018(2) dt.30-07-2018 3/3 the jurisdiction of the concerned Court.
(II) The petitioners will not induce any witness or tamper with evidence.
(III) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his/their bail bond(s). With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) Shamshad/- U T