Indrajit Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17453 of 2023 Arising Out of PS. Case No.-549 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== 1.

INDRAJIT PATEL S/o Kapildeo Patel Resident of Village-Paterwa, Police Station-Madhuban, District-East Champaran, Motihari 2.

JAI MANGAL MUKHIYA S/o Odhi Mukhiya Resident of VillageMadhuban, Police Station-Madhuban, District-East Champaran, Motihari 3.

JITENDRA KUMAR @ JITENDRA SAH S/o Dinesh Sah Resident of Village-Madhuban Tola, Mohanwa, Police Station-Madhuban, District-East Champaran, Motihari 4.

SANT LAL PASWAN S/o Yadu Paswan Resident of Village-Madhuban, Police Station-Madhuban, District-East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Sharma For the Opposite Party/s :

Mr. Navin Kumar Pandey CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379 and 427 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant has alleged that 12 named and 15 to 20 unknown persons have surrounded the informant and assaulted him along with his two sons. Subsequently, they have demolished the informant's shop by using a JCB machine and

Patna High Court CR. MISC. No.17453 of 2023(3) dt.26-06-2023 2/3 decamped with an amount of Rs. 38,000/- (Thirty-eight thousand rupees) from the informant's shop.

Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the doctor who treated the informant has opined that the injuries received by the informant are simple in nature and caused by hard blunt object. Similarly situated co-accused has been enlarged on bail by a Coordinate Bench of this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 15913 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, 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/- (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

Patna High Court CR. MISC. No.17453 of 2023(3) dt.26-06-2023 3/3 Court in connection with Madhuban P.S. Case No. 549 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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