Gopal Ji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10357 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== GOPAL JI S/o Siyasaran Singh R/o village- Masudan Abhaipur, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12599 of 2022 Arising Out of PS. Case No.-139 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.
BHARAT JI S/o Gopal Ji R/o village- Masudan Abhaipur, P.S.- Piri Bazar, District- Lakhisarai 2.
Ankush Kumar S/o Anil Singh R/o village- Masudan Abhaipur, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 10357 of 2022) For the Petitioner/s :
Mr.Krishna Prasad Singh, Sr. Adv.
Mr.Parmanand Pd. Nr. Sahi, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP (In CRIMINAL MISCELLANEOUS No. 12599 of 2022) For the Petitioner/s :
Mr.Krishna Prasad Singh, Sr. Adv.
Mr.Parmanand Pd. Nr. Sahi, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard the parties.
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
Patna High Court CR. MISC. No.10357 of 2022(2) dt.02-08-2022 2/3 stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 342, 323, 379, 354, 307, 504, 506/34 and 324 of the Indian Penal Code. Allegedly, the petitioner Bharat Jee, on the point of revolver tried to outrage the modesty of the informant but on alarm, her family members reached there and caught him but the petitioner called the other petitioners, who came there with dagger and danda and assaulted the informant's side. It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive.
No such occurrence, in the manner as alleged, has ever taken place. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and in the scuffle both sides have sustained injuries. The parties are agnates and there is a land dispute between them. It is further submitted that the injuries are simple in nature. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case,
Patna High Court CR. MISC. No.10357 of 2022(2) dt.02-08-2022 3/3 since there is case and counter-case between the parties and the injuries are simple in nature, let the above named petitioners, 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 satisfaction of the learned court below where the case is pending/Successor Court in connection with Piri Bazar P.S. Case No.139 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T