Bimlesh Kumar @ Bimal Kumar Bimal @ Bimal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87212 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- NAYAGAON District- Begusarai ====================================================== 1.

Bimlesh Kumar @ Bimal Kumar Bimal @ Bimal Kumar Son of Maheshwar Yadav Village- Dariyapur, P.S- Nayagaon, District- Begusarai 2.

Kamlesh Kumar @ Amit Kumar son of Maheshwar Yadav VillageDariyapur, P.S- Nayagaon, District- Begusarai 3.

Maheshwar Yadav son of Late Ramotar Yadav Village- Dariyapur, P.SNayagaon, District- Begusarai ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioners and Mr. Dilip Kr. No. 1, learned APP for the State.

2.

At the very outset, learned counsel for the petitioners seeks not to press the prayer for anticipatory bail of the petitioner no. 2.

3.

Permission is granted.

4.

Accordingly, the prayer for anticipatory bail made through the instant application, on behalf of the petitioner no. 2 is dismissed as not pressed.

5. However, if the petitioner no.2 surrenders before the learned court below within a period of six weeks from today and

Patna High Court CR. MISC. No.87212 of 2024(2) dt.19-12-2024 2/3 prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

6.

Now, the present application is being heard for consideration of bail of the petitioner nos. 1 and 3 . 7.

The petitioner nos.1 and 3 apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 504, 506, 379, 325, 307 of IPC.

8.

The allegation against the petitioner nos.1 and 3 is that they assaulted the informant side and abused them. 9.

It is submitted by learned counsel for the petitioners that petitioner nos.1 and 3 are innocent and have committed no offence. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that one of the injury was found grievous in nature but the injury report does not supported the same. Petitioner no.1 has got two criminal antecedents and petitioner no.3 has three criminal antecedents. 10.

Learned APP for the State opposed the prayer for bail. 11.

Having regard to the facts and circumstances of the case, let the above named petitioner nos. 1 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing

Patna High Court CR. MISC. No.87212 of 2024(2) dt.19-12-2024 3/3 bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nayagaon P.S. Case No.34 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Suruchi/- U T