Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35417 of 2021 Arising Out of PS. Case No.-242 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

PAWAN KUMAR S/o Umesh Yadav R/o village- Machhra, P.S.- Bahadurpur (Alouli), District- Khagaria 2.

Sitaram Yadav S/o Late Rambahadur Yadav R/o village- Machhra, P.S.- Bahadurpur (Alouli), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 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 147, 341, 323, 354B, 379, 447, 504 & 506 of the Indian Penal Code. The allegation against petitioner no.1 is that he assaulted the informant with butt of three-nut and petitioner no.2

Patna High Court CR. MISC. No.35417 of 2021(4) dt.08-04-2022 2/2 caught hold her.

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 due to land dispute. During course of investigation I.O. has not found fired cartridge at the place of occurrence. The victim has sustained simple injury. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

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 Alouli P.S. Case No.242 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T