Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1675 of 2024 Arising Out of PS. Case No.-25 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== 1.

Birendra Ram S/O- Munarik Ram R/O Village- Deoriya Kala, P.S.- Fesar, District- Aurangabad 2.

Sharda Devi W/O- Birendra Ram R/O Village- Deoriya Kala, P.S.- Fesar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioners :

Ms. Mukul Kumari, Advocate For the State :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 323, 341, 504, 506, 307, 379 and 354 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons, including these petitioners, variously armed, assaulted the informant and his family members, on account of which they sustained some injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioners that the allegation of assault is general and omnibus and no specific allegation of overt act has been

Patna High Court CR. MISC. No.1675 of 2024(2) dt.07-02-2024 2/2 alleged against these petitioners. Moreover, the injuries sustained by the injured have been found to be simple in nature. Petitioners claim clean antecedents.

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 clean antecedents of the petitioners, 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 C.J.M., Aurangabad, in connection with Fesar P.S. Case No.25 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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