Bijendra Singh @ Bijendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6019 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
BIJENDRA SINGH @ BIJENDRA YADAV SON OF LATE LALASH SINGH R/O VILL.- DIHARI, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR 2.
MANISH SINGH @ MANISH KUMAR SINGH @ MANISH KUMAR SON OF BIJENDRA SINGH R/O VILL.- DIHARI, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Udwant Nagar P.S. Case No. 140 of 2022 registered for the offence punishable under Sections 341, 323, 354(B), 379, 504, 506/34 of the Indian Penal Code. The accused persons are alleged to have entered the house of the informant and assaulted the informant and his family members as also had tried to outrage the modesty of the wife of the informant.
The learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in
Patna High Court CR. MISC. No.6019 of 2023(2) dt.18-05-2023 2/3 the present case. It is further submitted that though the petitioners are an accused in one another case, filed by the same party, however, they are on bail in the said case. It is further submitted, by referring to the impugned order dated 21.10.2022 that there is no injury report available in the case diary, hence, the informant and his family members have not sustained any injury and a false case has been concocted.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, taking into account the materials available on record as also considering the fact that there is no injury report on record of this case, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara in connection with Udwant Nagar
Patna High Court CR. MISC. No.6019 of 2023(2) dt.18-05-2023 3/3 P.S.Case No. 140 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T