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Patna High CourtCR. MISC./18220/2022allowed

Sanjay Prasad v. The State Of Bihar

2022-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18220 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- PALI District- Jehanabad ====================================================== 1.

SANJAY PRASAD S/o Late Dinesh Prasad R/o Village- Barawan, P.S.- Pali, District- Jehanabad 2.

Dharmendra Prasad S/o Late Shyam Prasad R/o Village- Barawan, P.S.- Pali, District- Jehanabad 3.

Sushil Kumar S/o Heera Prasad R/o Village- Barawan, P.S.- Pali, DistrictJehanabad ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 & 506/34 of the Indian Penal Code. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.18220 of 2022(2) dt.18-08-2022 2/2 petitioners 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. Both the parties are own gotiyas and there is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application. Having regard to 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 lower Court where the case is pending/successor Court in connection with Pali P.S. Case No.65 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.