Niru Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22336 of 2021 Arising Out of PS. Case No.-431 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

Niru Das Son Of Indra Dev Das @ Pappu Das R/O Village- Maula Bigha, P.S.- Ghosi, District- Jehanabad.

2.

Rita Devi Wife Of Indra Dev Das @ Pappu Das R/O Village- Maula Bigha, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ghosi P.S. Case no. 431 of 2020 instituted for the offence under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

As per allegation in the FIR, over a dispute relating to falling of rainy water towards the house of co-accused Indra Dev Das, petitioners have assaulted the informant on his head by means of rod and lathi.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.22336 of 2021(2) dt.03-01-2022 2/2 has submitted that petitioners are innocent and have committed no offence. There is admitted land dispute between the parties. Both parties are agnates. General and omnibus allegation has been levelled against them. They have got no criminal antecedent. There is case and counter case.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ghosi P.S. Case no. 431 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U