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Patna High CourtCR. MISC./25029/2021partly allowed disposal

Sugwa Devi v. The State Of Bihar

2022-02-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25029 of 2021 Arising Out of PS. Case No.-183 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

Sugwa Devi W/O Dinesh Yadav 2.

Balosharan Yadav S/O Late Jagmohanyadav 3.

Dinesh Yadav S/O- Balosharanyadav all R/O Vill- Girdhara, P.S.- Paraiya, Dist - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akhlesh Yadav S/o Zanki Yadav R/O Vill- Girdhara, P.S.- Paraiya, Dist - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar 'V.Kumar'

For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2022 Learned counsel for the petitioners does not want to press the anticipatory bail application with regard to petitioner no. 3.

As such, this application is dismissed as not pressed with regard to petitioner no. 3.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 504, 308/34 of the Indian Penal Code.

Petitioners are said to have assaulted the informant by means of lathi. It is also alleged that when other family members came for save him then all the accused persons assaulted them.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.25029 of 2021(4) dt.28-02-2022 2/2 petitioners that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that this case is counter blast of Paraiya P.S. Case No. 200 of 2019. He submits that there is general and omnibus allegation levelled against the petitioners and the injury found on the informant is simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Paraiya P.S. Case No. 183 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T