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Patna High CourtCR. MISC./10462/2023allowed

Rambahal Singh v. The State Of Bihar

2023-08-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10462 of 2023 Arising Out of PS. Case No.-229 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.

RAMBAHAL SINGH S/o Mohan Singh Resident of Village- Bhusiya, P.S.- Rajoun, District- Banka.

2.

Lalu Singh S/o Mohan Singh Resident of Village- Bhusiya, P.S.- Rajoun, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2023 Heard the parties.

2. Petitioners apprehend their arrest in a case registered for offence punishable u/s 147/ 149/ 341/ 323/ 447/ 379/ 337/ 338/ 307/ 324/ 504 & 506 of the IPC.

3. As per the prosecution case, the petitioners along with other accused persons assaulted the informant and his family members with iron rod and by throwing stones.

4. 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 taken place. The allegation leveled against the

Patna High Court CR. MISC. No.10462 of 2023(3) dt.16-08-2023 2/2 petitioners is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries, which were found simple in nature. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. 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 Rajoun P.S. Case No.229 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