Patna High CourtCR. MISC./4608/2022partly allowed disposal

Balo Das @ Baleshwar Das v. The State Of Bihar

2022-06-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4608 of 2022 Arising Out of PS. Case No.-122 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

BALO DAS @ BALESHWAR DAS S/o Late Upendra Das R/o villageSinduriya Tola Sirsiya, P.S.- Barhara (Raghuwansh Nagar), District- Purnea 2.

Mando Das S/o Late Upendr Das R/o village- Sinduriya Tola Sirsiya, P.S.- Barhara (Raghuwansh Nagar), District- Purnea 3.

Bechan Das S/o Mando Das R/o village- Sinduriya Tola Sirsiya, P.S.- Barhara (Raghuwansh Nagar), District- Purnea 4.

Bipin Kumar S/o Mando Das R/o village- Sinduriya Tola Sirsiya, P.S.- Barhara (Raghuwansh Nagar), District- Purnea 5.

Sanjay Das @ Sanjay Kumar S/o Balo Das @ Baleshwar Das R/o villageSinduriya Tola Sirsiya, P.S.- Barhara (Raghuwansh Nagar), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat For the Informant Mr. Amit Kumar Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 After some arguments, learned counsel for the petitioner seeks permission to withdraw this application against petitioner nos. 1 and 4.

Permission is accorded.

This application is dismissed as withdrawn only against petitioner nos. 1 and 4.

So far as rest of the petitioners are concerned, the instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Barhara

Patna High Court CR. MISC. No.4608 of 2022(2) dt.15-06-2022 2/3 (Raghuwansh Nagar) P.S. Case no. 122 of 2021 instituted for the offence punishable under Sections 143, 341, 323, 324, 325, 504 and 379 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioners has kept scrap in the campus of the informant and while the informant forbade him to do so, an scuffle took place and accused persons started to abuse and assault the informant as a result of which he became unconscious. Son of the informant came there to rescue his father, he was also beaten up by them resulting into broken of his three teeth.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. They have got no criminal antecedent. Injury received by the injured persons are simple in nature. 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 petitioner nos. 2, 3 and 5 on bail.

Patna High Court CR. MISC. No.4608 of 2022(2) dt.15-06-2022 3/3 The petitioner nos. 2, 3 and 5 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 Barhara (Raghuwansh Nagar) P.S. Case no. 122 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, Purnea subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U