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2025 DAILYLAW 19212 (PAT)

Sudhir Kumar v. The State of Bihar

CR. MISC./11591/2025 · 2025-03-21

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11591 of 2025 Arising Out of PS. Case No.-388 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1 . Sudhir Kumar S/o Ramchandra Singh Resident of Village- Chhakku Bigha, P.S- Daudnagar, Distt.- Aurangabad 2. Jainddin Ansari @ Jainnuddin S/o Basir Ansari Resident of Village- Chhakku Bigha, P.S- Daudnagar, Distt.- Aurangabad 3 . Mritunjay Kumar S/o Ramadhar Singh Resident of Village- Chhakku Bigha, P.S- Daudnagar, Distt.- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 21-03-2025 At the outset, learned counsel for the petitioners seek permission to withdraw the pre-arrest bail petition of petitioner No. 3 . 2. Permission is accorded. 3 . This bail petition of petitioner No. 3 is dismissed as withdrawn . 4. Heard learned counsel for the petitioner Nos. 1 and 2 and the State . 5 . Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 325 , 307, 379, 506 and 34 of the Indian Penal Code . 6. As per the prosecution case , on the alleged date Patna High Court CR. MISC. No.11591 of 2025(2) dt.21-03-2025 2/3 and time of occurrence , on the order of petitioner No. 1 , co- accused Mritunjay Kumar and Chandan Kumar assaulted informant with lathi and iron rod causing injury to him. It is further alleged that other co-accused persons snatched gold chain from him. 7. It is submitted on behalf of the petitioners that petitioner No. 1 is only alleged to be order giver and there is no allegation of overt act against him. Petitioner No. 2 is only alleged to be member of mob. Specific allegation of assault is against co-accused Mritunjay Kumar and Chandan Kumar. F.IR., has been lodged after delay of 3 days. Petitioner Nos. 1 and 2 claim clean antecedent. 8 . Learned counsel for the State oppose the bail petition . 9. Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 1 and 2 as named above, 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 the learned SDJM daudnagar Aurangabad in connection with daudnagar P.S. Case No. 388 of 2024 , subject to the Patna High Court CR. MISC. No.11591 of 2025(2) dt.21-03-2025 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T