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Patna High CourtCR. MISC./18492/2021allowed

Kartik Das v. The State Of Bihar

2021-07-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18492 of 2021 Arising Out of PS. Case No.-142 Year-2020 Thana- SANHAULA District- Bhagalpur ====================================================== 1.

KARTIK DAS Son of Late Anoop Das Resident of Village - Bari Ramsasi, P.S.- Sanhaulla, Distt.- Bhagalpur.

2.

Deepak Das Son of Kailash Das Resident of Village - Bari Ramsasi, P.S.- Sanhaulla, Distt.- Bhagalpur.

... ... Petitioners.

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Durga Nand Jha For the Opposite Party/s :

Md. Shakir Ahamd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Section 341, 323, 324, 325, 307, 354, 379, 504 & 506/34 of the Indian Penal Code.

While the informant was taking rest in his house, petitioner no.1 and his son is said to have started abusing the

Patna High Court CR. MISC. No.18492 of 2021(2) dt.22-07-2021 2/3 informant as the goat of informant had eaten the corns of petitioner no.1 upon which the informant along with his brother Sakaldip Tanti came out of the house and protested the petitioners on which the informant was threatened with dire consequences. Thereafter, the petitioners called other three persons who came armed with iron rod and sariya and assaulted the brother of the informant who sustained injury. They also assaulted the mother of the informant and daughter of Sakaldeep Tanti. When the villagers reached there the accused persons escaped from the place of occurrence.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have been falsely implicated in this case due to dirty village politics. No incriminating article has been recovered from their conscious physical possession. The injuries are simple in nature. The petitioners have no criminal antecedent and have been languishing in custody since 13.10.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.18492 of 2021(2) dt.22-07-2021 3/3 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 Sanhaulla P.S. Case No.142 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T