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Patna High CourtCR. MISC./16275/2020bail granted

Suresh Kahar @ Suresh Singh v. The State Of Bihar

2021-03-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16275 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- DARIHAT District- Rohtas ====================================================== 1.

SURESH KAHAR @ SURESH SINGH Son of Narayan Kahar Resident of Village, P.O. and P.S.- Darihat, District- Rohtas. 2.

Prince Kumar @ Ankit Kumar Son of Anil Singh Resident of Village, P.O. and P.S.- Darihat, District- Rohtas.

3.

Mohit Kumar Son of Rajendra Kahar Resident of Village, P.O. and P.S.- Darihat, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 504, 506, 447, 379, 325 and 307 of the Indian Penal Code.

Allegedly, on the date of occurrence, the accused persons forming unlawful assembly came at the door of the informant and started abusing him. On protest, he was assaulted with fist and slaps. Accused Sudhir Kumar is said to have assaulted him by means of iron PANJA as a result of which, he sustained injury on right hand finger and head. When father of the informant came to rescue him, he was also assaulted.

Patna High Court CR. MISC. No.16275 of 2020(2) dt.01-03-2021 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri C. K. Verma, learned Judicial Magistrate-Ist Class, Dehri-on-Sone, Rohtas in connection with Darihat P.S. Case No. 63 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T