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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76473 of 2024 Arising Out of PS. Case No.-493 Year-2023 Thana- NOORSARAI District- Nalanda ======================================================
1. Kaju kumar @ Rajesh kumar S/o Mahendra yadav @ Sipahi Ji R/o vill - Gosai Bigha, P.S. - Noorsarai, Distt. - Nalanda
2. Lalu Kumar @ Lallu Kumar S/o Saryug Yadav R/o vill - Gosai Bigha, P.S. - Noorsarai, Distt. - Nalanda
3. Munchun Kumar S/o Surendra Yadav @ Happu Yadav R/o vill - Gosai Bigha, P.S. - Noorsarai, Distt. - Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Md. Fahimuddin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 15-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Noorsarai with P.S. Case No. 493 of 2023 dated 15.10.2023 registered for the offences punishable under Sections 147, 149, 323, 341, 307, 379, 354, 504 and 506 of the IPC.
3. As per the prosecution case, the petitioners and the co-accused persons surrounded the informant and started abusing and molesting the informant's mother and sister. When the informant's mother protested, the petitioner no.1 assaulted
Patna High Court CR. MISC. No.76473 of 2024(2) dt.15-02-2025 2/3 the informant's sister on the head with an iron rod, causing injury and the petitioner no.3 assaulted the informant's mother on the head with an iron rod, causing injury. Further, the co- accused, Rohit Kumar and Surendra Kumar tried to kidnap the informant's sister. On hulla by the informant's mother, the petitioner no.2 assaulted her with a brick and snatched ear-ring.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case.
Learned counsel has submitted that all the injuries are simple in nature caused by hard and blunt substance. There was no intention for attempting to commit murder. No offence u/s 354 of the I.P.C is made out against the petitioners. The petitioner No. 1 and 3 have two criminal antecedent and the petitioner No. 2 has one criminal antecedent as stated in para 3 of the bail petition. The co-accused persons have been granted bail by a Bench of this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 3526 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners
6. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, in the event of their arrest/surrender within a period of six weeks from
Patna High Court CR. MISC. No.76473 of 2024(2) dt.15-02-2025 3/3 today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection Noorsarai with P.S. Case No. 493 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with the condition:- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. This application stands allowed.
Shivam/- (Chandra Prakash Singh, J) U T