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Patna High CourtCR. MISC./28060/2021allowed

Ranjeet Kumar v. The State Of Bihar

2021-12-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28060 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- SAKRI District- Madhubani ====================================================== 1.

RANJEET KUMAR Son of Bhola Das Resident of Village - Das Tol, P.S. - Sakai, District - Madhubani.

2.

Amarjeet Kumar Son of Bhola Das Resident of Village - Das Tol, P.S. - Sakai, District - Madhubani.

3.

Santosh Kumar Son of Bhola Das Resident of Village - Das Tol, P.S. - Sakai, District - Madhubani.

4.

Beena Devi @ Veena Devi Wife of Bhola Das Resident of Village - Das Tol, P.S. - Sakai, District - Madhubani.

5.

Lalita Devi Wife of Santosh Das Resident of Village - Das Tol, P.S. - Sakai, District - Madhubani.

6.

Bhola Das Late Fakir Das Resident of Village - Das Tol, P.S. - Sakai, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 223,

Patna High Court CR. MISC. No.28060 of 2021(2) dt.22-12-2021 2/3 324, 379, 354, 504, 506, 307 and 34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides sustained injury. He submits that occurrence took place on 26.12.2020 but FIR has been lodged on 03.01.2021 and there is no explanation of such delay. He submits that allegation levelled against the petitioners is general and omnibus in nature. He submits that in the instant case all the Sections except Sections 354, 379 and 307 of the Indian Penal Code are bailable. He submits that petitioners bear no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is delay in lodging the FIR, 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

Patna High Court CR. MISC. No.28060 of 2021(2) dt.22-12-2021 3/3 in connection with Sakari P.S. Case No. 05 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T