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Patna High CourtCR. MISC./3214/2022allowed

Chandeshwar Rai v. The State Of Bihar

2022-07-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3214 of 2022 Arising Out of PS. Case No.-91 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

CHANDESHWAR RAI Son of Late Chhakauri Rai Resident of Village - Jankinagar (Lalbandi), P.s.- Sonbarsa, Distt.- Sitamarhi. 2.

Jayanath Rai @ Jaynath Kumar Son of Chandeshwar Rai Resident of Village - Jankinagar (Lalbandi), P.s.- Sonbarsa, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, the petitioners and one other accused have assaulted the informant by means of lathi, danda, iron rod and Dabiya, due to which the informant got badly injured.

Patna High Court CR. MISC. No.3214 of 2022(2) dt.13-07-2022 2/2 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 village politics. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the injuries on the person of the informant is simple in nature (as per Annexure-2). Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory 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 Sonbarsa P.S. Case No.91/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T