Disposed

Anuj Kumar v. The State of Bihar

Patna HC25 Apr 2023CR. MISC./11400/2023

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case of alleged assault with grievous injuries involving neighbours. Counsel cited false implication, case and counter case, absence of specific overt act and bail to a co-accused. Court enlarged them on anticipatory bail on conditions.

What did the court decide?

Petitioners to be enlarged on anticipatory bail on arrest or surrender within six weeks, on Rs.25,000 bond each with two like sureties, subject to Section 438(2) Cr.P.C.

Anuj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11400 of 2023

¶2

Arising Out of PS. Case No.-584 Year-2022 Thana- MANER District- Patna

¶3

======================================================

¶4

1. Anuj Kumar Son Of Late Basant Saw R/O Village- Mai, P.S.- Kako, District- Jehanabad

¶5

Sunny Kumar Son Of Siddhnath Saw R/O Village- Maner, Bazar, P.S.Maner, District- Patna

¶6

... ... Petitioner/s

¶7

The State of Bihar

¶8

Versus ... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Shrinandan Pd. Singh, Sr. Adv. Mr. Kumar Sameer, Adv. For the Informant Mr. Atul Prakash, Adv. For the State : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶10

2 25-04-2023 Heard learned counsel for the petitioners, informant

¶11

and learned Additional Public Prosecutor for the State.

¶12

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504, 506, 34 and 325 of the Indian Penal Code.

¶13

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained grievous injury. He submits that there is no specific overt act against the petitioners. He submits that there is specific allegation against the husband of the petitioner no. 1. He submits that the informant and the petitioners are next door neighbours in the village. He submits

¶14

Patna High Court CR. MISC. No.11400 of 2023(2) dt.25-04-2023 2/2

¶15

that the similarly situated co-accused has already been granted bail by this Court vide order dated 17.04.2023 passed in Cr. Misc. No. 8232 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

¶16

Learned APP for the State and informant oppose the prayer for bail and submit that there is common intention to kill the informant.

¶17

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Maner P.S. Case No. 584 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶18

(Anjani Kumar Sharan, J)

¶19

devendra/-

¶20

U T

Anuj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Rai @ Dharmendra Kumar Vs The State of Bihar

Manoj Kumar @ Manoj Yadav Vs The State of Bihar

Govind Dhirkar Vs The State of Bihar

Tetari Devi Vs The State of Bihar

Ismahamad Miyan Vs The State of Bihar

Chandan Singh Vs the State of Bihar