← Library
Patna High CourtCR. MISC./23939/2021allowed

Amarjeet Rai v. The State Of Bihar

2022-07-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23939 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

AMARJEET RAI SON OF CHANDRIKA RAI R/O VILLAGEPARMANANDPUR, P.S.- SADAR, DISTRICT- MUZAFFARPUR. 2.

SAURAV KUMAR SON OF BINDESHWAR RAI R/O VILLAGEPARMANANDPUR, P.S.- SADAR, DISTRICT- MUZAFFARPUR. 3.

SUDHIR KUMAR SON OF CHANDRIKA RAI R/O VILLAGEPARMANANDPUR, P.S.- SADAR, DISTRICT- MUZAFFARPUR. 4.

SURENDRA RAI @ SURENDRA KUMAR SON OF BHOLA RAI R/O VILLAGE- PARMANANDPUR, P.S.- SADAR, DISTRICTMUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv For the Opposite Party/s :

Mrs. Bela Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners, learned counsel for the informant 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 sections 341, 323, 324, 325, 307, 379, 354(B), 427, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.23939 of 2021(3) dt.11-07-2022 2/3 The allegation against the petitioners is that they along with other accused persons have indiscriminately assaulted the informant's side by means of various weapons. The injuries are said to be on the vital part of the body.

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. 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. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent. Learned APP for the State and learned counsel for the informant 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 both sides have sustained injuries which 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/-

Patna High Court CR. MISC. No.23939 of 2021(3) dt.11-07-2022 3/3 (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 Sadar P.S. Case No. 276 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