Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8801 of 2022 Arising Out of PS. Case No.-657 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
ARUN KUMAR S/o Late Dholan Sao Resident of Village- Naya Bazar Dalpatti, Ward No.26 Pasiya Gali, P.S.- Lakhisarai (Kabaiya), DistrictLakhisarai 2.
VIKASH KUMAR Son of Arun Kumar Resident of Village- Naya Bazar Dalpatti, Ward No.26 Pasiya Gali, P.S.- Lakhisarai (Kabaiya), DistrictLakhisarai 3.
SUMIT KUMAR @ KARU S/o Suresh Sao Resident of Village- Naya Bazar Dalpatti, Ward No.26 Pasiya Gali, P.S.- Lakhisarai (Kabaiya), District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan For the Opposite Party/s :
Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 354(A), 379, 504, 34 of the Indian Penal Code.
Allegedly, the petitioners assaulted the husband of the
Patna High Court CR. MISC. No.8801 of 2022(2) dt.02-08-2022 2/3 informant by fists, slaps, legs and bricks and when she and her mother-in-law came to rescue her husband, the petitioners abused and tried to disrobe her. It is further alleged that the petitioners also assaulted the mother-in-law of the informant and snatched golden ear rings from her.
It is submitted by learned counsel for the petitioners that petitioner are quite innocent and has committed no offence. They have been falsely implicated in this case with due to enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that no indiscriminating articles has been recovered from the conscious possession of the petitioners. There is an admitted land dispute between the parties. The injuries are simple in nature. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners be released on bail, in the event of their arrest or
Patna High Court CR. MISC. No.8801 of 2022(2) dt.02-08-2022 3/3 surrender before the learned court below within a period of six weeks from today, 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 Lakhisarai (Kabaiya) P.S. Case No. 657 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T