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Patna High CourtCR. MISC./19361/2023allowed

Tejendra Singh v. The State Of Bihar

2023-06-26Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19361 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

TEJENDRA SINGH S/O LATE TARANI SINGH R/O VILLAGEPARARI, P.S- GHANSHYAMPUR, DISTT.- DARBHANGA. 2.

SHASHI BHUSHAN SINGH @ RAJ KUMAR SINGH @ GABBAR SINGH S/O TEJENDRA SINGH R/O VILLAGE- PARARI, P.SGHANSHYAMPUR, DISTT.- DARBHANGA. ... ... Petitioners.

Versus

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

For the Petitioners :

Mr. Ajay Kumar, Advocate For the Informant : Mr. Pankaj Kumar Jha, Advocate For the State :

Mr. Ram Anurag Singh ====================================================== 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 assisted by learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 324, 308, 382 & 506/34 of the Indian Penal Code. All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members. Petitioner no.2 is said to have given knife blow upon the neck of the informant. Other persons assaulted him by fist and slap.

Patna High Court CR. MISC. No.19361 of 2023(3) dt.26-06-2023 2/3 It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, petitioner no.2 is the swift driver of the informant and when on 04.06.2022 at about 7 AM, this petitioner demanded his due two months' salary from the informant, the informant along with his family members abused and threatened him to kill. Petitioner no.1 is the father of petitioner no.2. It is further submitted that petitioner no.2 has also lodged a case against the informant and others before the J.M. 1st Class, Biraul. It is further submitted that the injury sustained by the victim is simple in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

Learned APP assisted by learned counsel for the informant vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case as well as the fact that the injury sustained by victim is simple in nature, 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

Patna High Court CR. MISC. No.19361 of 2023(3) dt.26-06-2023 3/3 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 Ghanshyampur P.S. Case No.146 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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