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Patna High CourtCR. MISC./23913/2024allowed

Chintu Kumar v. The State Of Bihar

2024-04-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23913 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Chintu Kumar Son of Nandlal Rai Resident of Village- Baikunthpur, Ward No.6, P.S.- Rajapakar, Dist.- Vaishali 2.

Nandlal Rai Son of Laxmi Rai Resident of Village- Baikunthpur, Ward No.6, P.S.- Rajapakar, Dist.- Vaishali 3.

Chanchal Devi Wife of Tinku Kumar Resident of Village- Baikunthpur, Ward No.6, P.S.- Rajapakar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2024 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 341, 323, 379, 307/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons, with common intention, assaulted the informant and her husband.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.23913 of 2024(2) dt.24-04-2024 2/2 specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and there is admitted land dispute between the parties. He further submits that the injury is found simple in nature which is clear from the impugned order itself. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the injury, 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 Rajapakar P.S. Case No.385 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T