Patna High CourtCR. MISC./15781/2023partly allowed disposal

Bijendra Kumar v. The State Of Bihar

2023-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15781 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- PAWANA District- Bhojpur ====================================================== 1.

Bijendra Kumar S/O Abhiram Singh R/V- Runni, P.S.- Pawana, DistrictBhojpur 2.

Rambabu @ Rambabu Singh @ Ram Babu Kumar S/O Ravindra Singh R/VRunni, P.S.- Pawana, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 504, 379 and 307 of the Indian Penal Code. As per the prosecution case, the petitioners are said to have assaulted the informant by means of farsa and garasa. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that both parties are agnates and there is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Patna High Court CR. MISC. No.15781 of 2023(3) dt.22-06-2023 2/2 Considering the facts and circumstances of the case and the fact that petitioner no. 1 have assaulted the informant by means of Farsa and injury was found simple in nature, let the above named petitioner no.1, be released on bail, in the event of his 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) 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 Pawana P.S. Case No. 30 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Considering the facts and circumstances of case and the fact that the petitioner no.

2 have assaulted the informant by means of Garasa and the injury was found grievous in nature, I am not inclined to enlarge petitioner no.2 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.2 is hereby rejected. Accordingly, this application is partly allowed.