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Patna High CourtCR. MISC./1959/2022allowed

Uday Kumar Sawaran v. The State Of Bihar

2022-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1959 of 2022 Arising Out of PS. Case No.-256 Year-2021 Thana- KONCH District- Gaya ====================================================== 1.

UDAY KUMAR SAWARAN S/o Ayodhaya Prasad Singh R/o VillageKorap, P.S.- Anti, District- Gaya. 2.

Ranjay Kumar Sawaran S/o Ayodhaya Prasad Singh R/o Village- Korap, P.S.- Anti, District- Gaya.

3.

Nityanand Kumar S/o Pramod Kumar Singh R/o Village- Korap, P.S.- Anti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2022 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 323, 341, 307, 379, 384, 504, 506/34 of the IPC.

Allegedly, the petitioners abused the informant while he was sitting on the road in search of labour. It is further alleged that the petitioners assaulted the informant by means of deadly weapons due to which he sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty

Patna High Court CR. MISC. No.1959 of 2022(4) dt.29-08-2022 2/2 village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. In the alleged occurrence, both sides sustained injuries and the injuries are simple in nature. Petitioners have three criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since both sides sustained injuries and injuries are simple in nature, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, 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 Konch P.S. Case No.256 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T