← Library
Patna High CourtCR. MISC./21505/2022allowed

Rishi Muni Prajapati @ Rishimuni Ram @ Rishimuni Kumhar v. The State Of Bihar

2022-11-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21505 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- DARIHAT District- Rohtas ====================================================== 1.

RISHI MUNI PRAJAPATI @ RISHIMUNI RAM @ RISHIMUNI KUMHAR Son of Ram Ekbal Prajapati Resident of Village - House no.121 Shanti Place, Bareli, Kadodra, Bareli, Surat Gujarat 294327 2.

Vimla Devi W/o Rishimuni Kumhar Resident of Village - Ward no.11, Darihat, P.S.- Darihat, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Allegedly, the petitioners alongwith others assaulted the informant and his family by means of several weapons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.21505 of 2022(3) dt.01-11-2022 2/2 allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties and both sides are agnates. Petitioner no.2 is the wife of petitioner no.1. He further submits that in the present case out of nine accused persons, six persons have already been granted anticipatory bail by the court below itself. The injuries are simple in nature. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since both the parties are agnates and the injuries are 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 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 in Darihat P.S. Case No.153 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T