Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12199 of 2024 Arising Out of PS. Case No.-447 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== 1.
Birendra Kumar SON OF RAJNANDAN YADAV RESIDENT VILL CHIRAILA TOLA RAMBIGHA PS BELAGANJ, DISTRICT- GAYA 2.
UPENDRA KUMAR SON OF RAJNANDAN YADAV RESIDENT VILL CHIRAILA TOLA RAMBIGHA PS BELAGANJ, DISTRICT- GAYA 3.
SATYENDRA YADAV SON OF LATE DEONANDAN YADAV RESIDENT VILL CHIRAILA TOLA RAMBIGHA PS BELAGANJ, DISTRICT- GAYA 4.
NANDU YADAV @ NAND KISHORE YADAV @ NANDU SON OF LATE DEONANDAN YADAV RESIDENT VILL CHIRAILA TOLA RAMBIGHA PS BELAGANJ, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Yadav For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Belaganj Police Station Case No. 447 of 2022, dated 26.08.2022, disclosing offences punishable under Sections 341/323/504/308/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 22.08.2022, when the informant demanded his money back, all the accused persons abused him and upon
Patna High Court CR. MISC. No.12199 of 2024(2) dt.12-03-2024 2/3 objection, they started assaulting the informant by means of lathi and danda, due to which the informant has received injury in his hand, eye and head.
4. Learned Counsel for the petitioners submits that the allegation against them is general and omnibus in nature. The injuries caused to the informant are simple in nature except injury no. 3, which is grievous and caused to the informant on his left wrist and is non-vital part of the body. Both the parties have compromised and a joint compromise petitioner has been filed before learned Chief Judicial Magistrate, Gaya (Annexure 3).
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the injuries caused to the informant are simple in nature except one injury, which is on the non-vital part of the body and both the parties have filed joint compromise petition, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on
Patna High Court CR. MISC. No.12199 of 2024(2) dt.12-03-2024 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Gaya, in connection with Belaganj Police Station Case No. 447 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √