Nathuni Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22675 of 2021 Arising Out of PS. Case No.-316 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== 1.

NATHUNI SAHU Son of Late Buchai Sahu Residence of Village - Pokhram, P.S.- Biraul, Dist.- Darbhanga 2.

Ramvilas Sahu Son of Late Buchai Sahu Residence of Village - Pokhram, P.S.- Biraul, Dist.- Darbhanga 3.

Upendra Sahu Son of Late Buchai Sahu Residence of Village - Pokhram, P.S.- Biraul, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Section 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Allegation is that the petitioners assaulted the informant by means of lathi, danda, due to which he sustained injuries.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.22675 of 2021(2) dt.13-04-2021 2/2 that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Except for offence under Section 307 of I.P.C., rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. case No.316 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T