Fulpati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7670 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- MASHRAK District- Saran ====================================================== 1.

FULPATI DEVI Son of Late Banaras Singh Resident of Village- Brahimpur Chakarpan, P.S.- Mashrak, District- Saran 2.

BITU KUMAR @ BITU KUMAR SINGH Son of Late Banaras Singh Resident of Village- Brahimpur Chakarpan, P.S.- Mashrak, District- Saran 3.

SITU KUMAR @ SITU KUMAR SINGH Son of Late Banaras Singh Resident of Village- Brahimpur Chakarpan, P.S.- Mashrak, District- Saran 4.

VISHWANATH SINGH Son of Late Bachu Singh Resident of VillageBrahimpur Chakarpan, P.S.- Mashrak, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Harendra Kumar Singh For the Opposite Party/s :

Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no

Patna High Court CR. MISC. No.7670 of 2023(2) dt.13-04-2023 2/2 specific overt act against the petitioners. He further submits that there is specific overt act against the co-accused Jitendra Singh who assaulted Bhikhari Singh and injuries were found grievous in nature. He submits that there is admitted land dispute between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Mashrak P.S. Case No.211 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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