Sunil Bairagi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31856 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- SIMRA District- West Champaran ====================================================== 1.

SUNIL BAIRAGI Son of Sailan Bairagi @ Shailen Bairagi Resident of Village - Arvind Nagar, colony Semra, P.S. - Semra, District - West Champaran.

2.

SUSHEN BAIRAGI Son of Sailan Bairagi @ Shailen Bairagi Resident of Village - Arvind Nagar, colony Semra, P.S. - Semra, District - West Champaran.

3.

SAILAN BAIRAGI @ SHAILEN BAIRAGI Son of Not Known Resident of Village - Arvind Nagar, colony Semra, P.S. - Semra, District - West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 447, 307 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons including the petitioners assaulted the informant and family members due to which they sustained injuries.

Patna High Court CR. MISC. No.31856 of 2021(2) dt.07-03-2022 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 falsely been implicated in the present case. All the injuries are said to be simple in nature. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

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

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- Bagaha, West Champaran in connection with Semra P.S. Case No. 97/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T