Ankush Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5326 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Ankush Raj Son Of Vijay Sharma @ Vijay Prasad Sharma Vill-Mandai, PsKhizersarai, Gaya 2.

Vijay Prasad Sharma @ Vijay Sharma Son Of Baikunth Sharma VillMandai, Ps-Khizersarai, Gaya 3.

Raj Kishore Sharma @ Raj Kumar Son Of Nawal Kishore Sharma VillMandai, Ps-Khizersarai, Gaya ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Vinod Kumar, Advocate For the State :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 325, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, Petitioner Nos. 1 and 3 are alleged to have assaulted the informant's son by means of lathi whereas Petitioner No. 2 is alleged to have assaulted informant's son by means of iron rod.

4. It is submitted by learned counsel appearing on behalf of the petitioners that though there is allegation of assault against these petitioners, doctor has found simple injuries upon

Patna High Court CR. MISC. No.5326 of 2024(2) dt.17-02-2024 2/2 the injured. Moreover, F.I.R. has been lodged after delay of more than five days, without any explanation for the same.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of injuries and delay in lodging of the F.I.R., the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIII, Gaya, in connection with Khizersarai P.S. Case No.200 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T