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Patna High CourtCR. MISC./32355/2021partly allowed disposal

Anant Singh @ Anant v. The State Of Bihar

2022-01-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32355 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- BELHAR District- Banka ====================================================== 1.

ANANT SINGH @ ANANT S/O LATE RANJEET SINGH @ VISHNUDEV SINGH R/O VILLAGE-BELDIHA TOLA BHOLANI, P.SBELHAR, DISTRICT-BANKA. 2.

BANTI SINGH S/O LATE RANJEET SINGH @ VISHNUDEV SINGH R/O VILLAGE-BELDIHA TOLA BHOLANI, P.S-BELHAR, DISTRICTBANKA. 3.

BITTU SINGH S/O LATE RANJEET SINGH @ VISHNUDEV SINGH R/O VILLAGE-BELDIHA TOLA BHOLANI, P.S-BELHAR, DISTRICTBANKA. 4.

SANJU DEVI W/O LATE RANJEET SINGH @ VISHNUDEV SINGH R/O VILLAGE-BELDIHA TOLA BHOLANI, P.S-BELHAR, DISTRICTBANKA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner nos.1 and 2.

Patna High Court CR. MISC. No.32355 of 2021(2) dt.25-01-2022 2/3 Permission is granted.

Accordingly, the instant application is dismissed as withdrawn as against the petitioner nos.1 and 2. Now, this application is being heard on behalf of petitioner nos.3 and 4.

Petitioners apprehend their arrest in a case in connection with Belhar P.S. Case No.432 of 2020, registered for the offence punishable u/s 341, 323, 354, 379, 504/34 of the IPC. Allegation against the petitioners is that they entered into the house of the informant with lathi, danda and iron rod and started abusing. On protest, they assaulted the informant and his family members, causing several injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged has ever taken place. There is no specific allegation leveled against the petitioner nos.3 and 4, rather the allegation is general and omnibus in nature. The parties are close door neighbours and free fight has taken place, in which both sides have sustained injuries. For the same occurrence, there is a case and counter-case between the parties. Petitioners have no criminal

Patna High Court CR. MISC. No.32355 of 2021(2) dt.25-01-2022 3/3 antecedent, as also mentioned in para-3 of this application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.3 and 4, 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 court below where the case is pending/Successor Court in connection with Belhar P.S. Case No.432 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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