Praveen Kumar @ Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5281 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

PRAVEEN KUMAR @ PRAVIN KUMAR Son of Hemshankar Rai Resident of Village- Khairwa, P.S.- Chiraiya, District- East Champran. 2.

Sumit Kumar S/o Pramod Rai Resident of Village- Khairwa, P.S.- Chiraiya, District- East Champran.

3.

Nitesh Kumar S/o of Pramod Rai Resident of Village- Khairwa, P.S.- Chiraiya, District- East Champran.

4.

Hem Shankar Rai S/o Late Ram Ayodhya Rai Resident of Village- Khairwa, P.S.- Chiraiya, District- East Champran.

5.

Pramod Rai @ Pramod Kumar Son of Late Ram Ayodhya Rai Resident of Village- Khairwa, P.S.- Chiraiya, District- East Champran. 6.

Pappu Rai @ Pankaj Rai @ Pankaj Kumar Yadav Son of Late Ram Ayodhya Rai Resident of Village- Khairwa, P.S.- Chiraiya, District- East Champran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SUMIT KUMAR PRAMOD RAI KHAIRWA 3.

NITESH KUMAR PRAMOD RAI KHAIRWA 4.

HEM SHANKAR RAI LATE RAM AYODHYA RAI KHAIRWA 5.

PRAMOD RAI @ PRAMOD KUMAR LATE RAM AYODHYA RAI KHAIRWA 6.

PAPPU RAI @ PANKAJ RAI @ PANKAJ KUMAR YADAV LATE RAM AYODHYA RAI KHAIRWA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard the learned counsel for the petitioners and learned APP for the .

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court

Patna High Court CR. MISC. No.5281 of 2022(2) dt.26-07-2022 2/3 proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 307, 354, 379, 504, 427, 506/34.

Allegedly, the petitioners along with other co-accused persons abused assaulted the informant's side by means of several weapons due to which they sustained injuries. 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 and previous enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. There is a case and counter-case between the parties. The injuries are simple in nature. Petitioners have no criminal antecedent as also mentioned in para- 3 of the bail application. 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

Patna High Court CR. MISC. No.5281 of 2022(2) dt.26-07-2022 3/3 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 Chiraiya P.S. Case No. 225 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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