Balram Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26739 of 2023 Arising Out of PS. Case No.-369 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

BALRAM DAS S/O LATE JAGDISH DAS R/O Village- Mohdipur Harijan Tola, P.S- Jagdishpur, Distt.- Bhagalpur.

2.

Ghanshayam Das S/O Late Jagdish Das R/O Village- Mohdipur Harijan Tola, P.S- Jagdishpur, Distt.- Bhagalpur.

3.

Muresh Das S/O Late Saldeo Das R/O Village- Mohdipur Harijan Tola, P.SJagdishpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307 and 379 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 3 is aged about 68 years.

4. The informant alleges that accused persons including the petitioners were taking liquor near his PDS shop, on objection, the accused persons assaulted him and his brother causing injury on head.

5. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.26739 of 2023(2) dt.18-08-2023 2/2 petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation has been alleged against any of the petitioners committing any overt act of assault. It is further submitted that even the injury suffered by the injured is simple in nature as is recorded in the order impugned.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jagdishpur P.S. Case No. 369 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T