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Patna High CourtCR. MISC./8950/2023allowed

Deepak Rajbhar v. The State Of Bihar

2023-04-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8950 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Deepak Rajbhar Son Of Dhiraj Rajbhar Resident Of Village - Bhaganda, P.S.- Chainpur, District - Kaimur At Bhabua 2.

Sanjay Rajbhar Son Of Dhiraj Rajbhar Resident Of Village - Bhaganda, P.S.- Chainpur, District - Kaimur At Bhabua 3.

Manoj Rajbhar Son Of Dhiraj Rajbhar Resident Of Village - Bhaganda, P.S.- Chainpur, District - Kaimur At Bhabua 4.

Dhiraj Rajbhar Son Of Late Janki Rajbhar Resident Of Village - Bhaganda, P.S.- Chainpur, District - Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Learned counsel for the petitioners submits that the petitioner nos. 2 and 4 have been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner nos. 2 and 4.

Permission is granted.

Accordingly, this application with regard to petitioner nos. 2 and 4 is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

Petitioners are said to have assaulted the informant by means of lathi and danda as a result of which he received injury.

Patna High Court CR. MISC. No.8950 of 2023(2) dt.18-04-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners 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 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 connection with Chainpur P.S. Case No. 345 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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