Anil Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Manmohan Kumar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 07-08-2024

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Heard learned Advocate for the petitioner and the

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learned APP for the State.

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The petitioner seeks grant of regular bail, who is in

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custody in connection with Narhat P.S. Case No. 127 of 2024 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 452, 354, 427, 504 and 506 of the Indian Penal Code & Section 27 of the Arms Act.

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It is alleged that while the informant alongwith other family members were sitting in his house, in the meantime all the FIR named accused persons including the petitioner armed with deadly weapons barged into his house. On the exhortation made by Lallan Kumar Madhukar all the accused persons assaulted the informant and others. It is specifically alleged that the petitioner alongwith co-accused Ramashish

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Patna High Court CR. MISC. No.52814 of 2024(2) dt.07-08-2024 2/4

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Kumar, Arbind Kumar & Ankit Kumar assaulted the informant and Rajesh Kumar with Lathi and Danda. The allegation of firing has been levelled against co-accused Lallan Kumar Madhukar.

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Learned Advocate for the petitioner contended that the FIR narrates omnibus allegation of causing lathi blow against the petitioner and others. So far the specific allegation of causing injury to informant and others are concerned, the same has been attributed to other accused persons. It is next contended that in fact on account of enmity the persons of both the side have entered into a free-fight resulting into injuries to some of the persons. The impugned order does not disclose the nature of injuries and as such, prima facie , appear to be simple in nature. It is next submitted that now the petitioner has been incarcerated since 26.03.2024; the investigation of the crime is complete and the charge-sheet has been submitted.

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On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has actively participated and assaulted the informant by means of lathi.

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Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of

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Patna High Court CR. MISC. No.52814 of 2024(2) dt.07-08-2024 3/4

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allegation and the period of custody, coupled with the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Nawada in connection with Narhat P.S. Case No. 127 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in

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Patna High Court CR. MISC. No.52814 of 2024(2) dt.07-08-2024 4/4

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terms of the above-mentioned order, shall not be delayed for this

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purpose or in the name of verification.

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(Harish Kumar, J)

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durgesh/-

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U T

Anil Kumar v. The State of Bihar

Case brief

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Anil Kumar v. The State of Bihar

Case brief

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