Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4888 of 2024 Arising Out of PS. Case No.-546 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Jitendra Kumar Son of Raj Kishore Singh 2.
Dharmendra Kumar Son of Raj Kishor Singh 3.
Akash Kumar Son of Dharmendra Singh 4.
Guddu Kumar @ Guddu Kumar Singh Son of Nabal Singh @ Nawal Kishor Singh 5.
Nawal Kishor Singh @ Nabal Singh Son of Late Bansilal Singh 6.
Raj Kishor Singh Son of Late Bansilal Singh All are R/o vill-Raja Rampur ps-Saraiya Dist-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 448,341,323,324,307,379,504,506 and 34 of the IPC.
3. The learned counsel for the petitioners submit the petitioners are persons with clean antecedent and have been falsely implicated in the present case by the informant. It is further submitted that petitioners and the informant are relative as would manifest from the allegation as alleged in the FIR itself. It is also submitted that from perusal of the allegation it
Patna High Court CR. MISC. No.4888 of 2024(2) dt.21-02-2024 2/3 does not manifest that what was the reason for the occurrence. It is also submitted that even presuming what has been alleged is true without admitting then the allegation of assault is specific against Nabal Singh and Raj Kishore Singh, but then the injuries suffered by the injured is simple in nature. It is also submitted no doubt injury is on vital part of the body but then it is said to have been caused by hard and blunt substance when in the FIR it is alleged that Raj Kishore Singh assaulted the injured by sword. It is further submitted that Nabal Singh assaulted by rod but then the blow was not repeated and the injury is simple, as far as other persons are concerned the allegation against them is general and omnibus in nature.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Saraiya P.S. Case No.546 of 2023,
Patna High Court CR. MISC. No.4888 of 2024(2) dt.21-02-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T