Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88747 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.

Subodh Kumar Son of Rabindra Singh village- and po- Fatehpur, PsDidarganj, Dist- Patna 2.

Santosh Kumar Son of Sri Rabindra Singh village- and po- Fatehpur, PsDidarganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Satya Kirti, Advocate Mr. Abhas Chandra, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504, 506/34 of IPC and 27 of Arms Act.

3.

While the informant had gone for holika dahan, the petitioners along with others are said to have abused and badly assaulted him sustaining severe injury to him. They also gave threatening to kill him.

4.

Earlier, the petitioner has filed Cr. Misc. No. 61339 of 2024 but vide order dated 05.10.2024 the same had been dismissed by this Court. This is the second anticipatory bail application of the petitioners which is filed on the ground that during the occurrence both sides have sustained injuries which is clear from Annexure 5

Patna High Court CR. MISC. No.88747 of 2024(2) dt.07-02-2025 2/2 of the bail application.

5.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case with oblique motive. Petitioner side also received grievous injury. There is case and counter case between the parties. No such occurrence, in the manner as alleged, has ever taken place. Petitioners have one criminal antecedent as mentioned in para 3 of the bail application. 6.

Learned APP for the State opposed the prayer for bail. 7.

Having regard to the facts and circumstances of the case, there is case and counter case between the parties and since both sides have sustained injuries, let the above named petitioners, 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 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 Didarganj P.S. Case No.120 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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