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Patna High CourtCR. MISC./2782/2023allowed

Pankaj Ram v. The State Of Bihar

2023-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2782 of 2023 Arising Out of PS. Case No.-69 Year-2020 Thana- NAUHATTA District- Saharsa ====================================================== 1.

PANKAJ RAM Son of Bhikho Ram Resident of Village - Mohanpur, Ward No.- 14, P.S.- Nauhatta, District - Saharsa.

2.

Bhikho Ram Son of Late Mushaharu Ram Resident of Village - Mohanpur, Ward No.- 14, P.S.- Nauhatta, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 308, 379, 354(B), 504, 506, 34 of the IPC.

Allegedly, the petitioners along with other accused persons are said to have assaulted the informant by means of lathi, danda and axe and when his family members tried to save him, they were assaulted by the accused persons. 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 ulterior motive. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.2782 of 2023(2) dt.28-03-2023 2/2 taken place. It is submitted that the charge sheet has been submitted in the present case and petitioners have also got the benefit of section 41(a) of the Cr.P.C. The injury was found to be of simple in nature, which is clear from the impugned order itself. Petitioners have one criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the 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 connection with Nauhatta P.S. Case No.69 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T