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Patna High CourtCR. MISC./20137/2021bail granted

Ajay Singh v. The State Of Bihar

2021-12-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20137 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Ajay Singh Son of Late Naresh Singh Resident of Village - Mahisouta, P.S.- Shambhnganj, District - Banka.

2.

Nitish Kumar @ Pukar Son of Ajay Singh Resident of Village - Mahisouta, P.S.- Shambhnganj, District - Banka.

3.

Chhotu Kumar Son of Ajay Singh Resident of Village - Mahisouta, P.S.- Shambhnganj, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 342, 325, 307, 385, 504, 506/34 of

Patna High Court CR. MISC. No.20137 of 2021(2) dt.17-12-2021 2/3 the Indian Penal Code.

It is submitted by learned counsel for the petitioners that all the accused persons including the petitioners assaulted the informant and his brother. It is specifically alleged against Manoj Singh that he assaulted with Farkhanti on the head of the informant whereas co-accused Suman Singh assaulted the brother of the informant by means of Khanti.

It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners and in the background of some land dispute, the present accusation has been levelled against the petitioners. There is counter version of the occurrence also and petitioners' side also received injuries. Moreover, the injuries of the informant's side have been found to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.20137 of 2021(2) dt.17-12-2021 3/3 the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Banka in connection with Shambhuganj P.S. Case No. 201 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T