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Patna High CourtCR. MISC./4606/2022allowed

Chhotu Bind @ Jitendra Bind v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4606 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- MAIN P.S. District- Gaya ====================================================== 1.

Chhotu Bind @ Jitendra Bind Son Of Ram Chandra Bind Reident Of Village- Main Diwarapar, P.S.- Main, District- Gaya 2.

Panga Bind @ Ganesh Kumar Son Of Ras Bihari Bind Reident Of VillageMain Diwarapar, P.S.- Main, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Main P.S. Case no. 79 of 2021 instituted for the offence punishable under Sections 448, 380 and 511 of the Indian Penal Code.

As per allegation in the FIR, both the petitioners have entered into the house of the informant with bad intention. On raising alarm by the informant, co-villagers gathered there but on finding opportunity, both the petitioners fled away through window.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.4606 of 2022(2) dt.14-06-2022 2/2 no offence. Nothing has been stolen by them. They were not apprehended on spot even after gathering of the villagers, which shows the false prosecution story. They have got no criminal antecedent. Due to dirty village politics, they were falsely implicated in this case.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Main P.S. Case no. 79 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U