Patna High CourtCR. MISC./82432/2024bail granted

Gautam Kumar v. The State Of Bihar

2024-12-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82432 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Gautam Kumar Son of Late Binod Thakur R/O-Village- Govindpur Tola, Police Station- Khusrupur, District -Patna 2.

Aman Kumar Son of Late Binod Thakur R/O-Village- Govindpur Tola, Police Station- Khusrupur, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners apprehends their arrest in connection with Khusrupur P.S. Case No. 481 of 2023 registered for the offence under Sections 448, 341, 323, 307/34 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and coaccused persons are said to have assaulted the informant.

4. It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case. The allegation levelled against the petitioners are general and omnibus in nature as they had only caught hold the hand of the informant. The injury sustained by the informant is found to be simple in nature. The petitioners have no criminal

Patna High Court CR. MISC. No.82432 of 2024(2) dt.18-12-2024 2/2 antecedent. Similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 74420 of 2024.

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

6. Considering the aforesaid facts and the allegation against the petitioners, this application is allowed.

7. 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City, Patna/Successor Court in connection with Khusrupur P.S. Case No. 481 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) Ranjeet/- U T