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Patna High CourtCR. MISC./9636/2022allowed

Vijay Singh v. The State Of Bihar

2022-08-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9636 of 2022 Arising Out of PS. Case No.-400 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== 1.

VIJAY SINGH S/O BALDEV SINGH R/V- MURARPUR, P.S. HARSIDHI, DISTRICT- EAST CHAMPARAN 2.

SHREE NARAYAN SINGH S/O LATE RAGHUNATH SINGH R/VPANAPUR TADHWA TOLA , P.S.- HARSIDHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor 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, 324, 307, 379 and 34 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused persons assaulted the informant's side by means of deadly weapons due to which they sustained injuries. It is further alleged that the

Patna High Court CR. MISC. No.9636 of 2022(3) dt.16-08-2022 2/3 accused persons snatched ornaments from them. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. He further submits that in the alleged occurrence both side sustained injuries and the injuries are simple in nature. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent, as 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 there is a land dispute between the parties and injuries are simple in nature, let the above named petitioner be released on bail, in the event of their arrest or 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

Patna High Court CR. MISC. No.9636 of 2022(3) dt.16-08-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in Harsidhi P.S. Case No.400 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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