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Patna High CourtCR. MISC./22586/2023allowed

Upendra Kumar v. The State Of Bihar

2023-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22586 of 2023 Arising Out of PS. Case No.-1215 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

UPENDRA KUMAR Son of Rajendra Bhagat Resident of Vill.- Muda Chhapra Koraiya, P.S.- Sugauli, Dist.- East Champaran. 2.

Santosh Kumar Singh @ Santosh Kumar Son of Satyanarayan Singh Resident of Vill.- Tikuliya, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 504, 506 and 307 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below. Petitioners along with other co-accused persons are said to have assaulted informant and his family members. It is alleged that petitioner no.2 gave gadasi blow on the head of son of the informant causing head injury. It is further alleged that all the petitioners entered into the house of the informant and took away valuable articles.

Patna High Court CR. MISC. No.22586 of 2023(3) dt.04-07-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is land dispute between the parties. He submits that there is case and counter case between the parties. He further submits that the injury found upon the victim is simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Turkauliya P.S. Case No.1215/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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