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Patna High CourtCR. MISC./6853/2023allowed

Braj Bhushan Kumar v. The State Of Bihar

2023-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6853 of 2023 Arising Out of PS. Case No.-229 Year-2021 Thana- SUPAUL District- Supaul ====================================================== 1.

BRAJ BHUSHAN KUMAR Son of Yogendra Yadav @ Jogendra Yadav Resident of Village - Choughara, Ward No.- 7, P.S.- Supaul, District - Supaul.

2.

Sakhiya Devi Wife of Yogendra Yadav @ Jogendra Yadav Resident of Village - Choughara, Ward No.- 7, P.S.- Supaul, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Supaul P.S. Case No.229 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504 and 34 of the Indian Penal Code.

The petitioners and other co-accused persons are said to have entered into the house of the informant and assaulted the informant and his family members by lathi, danda, farsa and rod.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.6853 of 2023(2) dt.08-05-2023 2/2 present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the police after investigation submitted final form against the petitioners, but the learned court below after differing with the final form took cognizance against the petitioners also.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.229 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T