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Patna High CourtCR. MISC./34459/2021allowed

Chandradev Das v. The State Of Bihar

2022-03-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34459 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== 1.

Chandradev Das S/O Late Sobhan Das R/O Village-Koshalpur (Kodasi), P.S-Haveli Kharagpur, District-Munger.

2.

Ranjit Kumar @ Ranjit Das S/O Chandradev Das R/O Village-Koshalpur (Kodasi), P.S Haveli Kharagpur, District-Munger. 3.

Sonu Kumar S/O Chandradev Das R/O Village-Koshalpur (Kodasi) P S Haveli Kharagpur, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148,

Patna High Court CR. MISC. No.34459 of 2021(3) dt.03-03-2022 2/3 149, 341, 323, 448 and 308 of the Indian Penal Code. The accusation against all the accused persons including the petitioners is of assaulting the informant with iron rod causing injury on her head.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that general and omnibus allegation has been levelled against all the accused persons including the petitioners. There is counter version of the occurrence also and both sides have received injuries. The informant has received simple injury. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case and the fact that there is counter version of the occurrence also and the informant has received simple injury, the above named petitioners in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of 25,000/- (Rupees ₹ Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shampur

Patna High Court CR. MISC. No.34459 of 2021(3) dt.03-03-2022 3/3 P.S. Case No. 126 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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