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Patna High CourtCR. MISC./27662/2023allowed

Garad Bind v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27662 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

GARAD BIND S/O LATE JAGGAN BIND Resident of Village- Surhan, P.S.- Chand, District- Kaimur at Bhabhua.

2.

BASANT BIND S/O LATE BHUNESHWAR BIND Resident of VillageSurhan, P.S.- Chand, District- Kaimur at Bhabhua. 3.

PARBIND BIND S/O KAMTA BIND Resident of Village- Surhan, P.S.- Chand, District- Kaimur at Bhabhua.

4.

RADHE SHYAM BIND S/O MURALI BIND Resident of Village- Surhan, P.S.- Chand, District- Kaimur at Bhabhua.

5.

CHITRANJAN BIND @ CHITRANJAN PRASAD S/O NARAD BIND Resident of Village- Surhan, P.S.- Chand, District- Kaimur at Bhabhua. 6.

TUNTUN BIND @ RITIK RAUSHAN @ RITIK RAUSHAN BIND S/O LATE GULAB BIND Resident of Village- Surhan, P.S.- Chand, DistrictKaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 307, 354 of the IPC.

3. As per the prosecution case, the petitioners assaulted the informant by means of stick and rod and when one Shio Parichha Bind came to save, the accused persons assaulted him. Petitioners also assaulted the family members of the informant.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.27662 of 2023(2) dt.17-07-2023 2/2 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries were found simple in nature except injury of Shio Parichha Bind, which is not attributable against any of the petitioners. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 court below where the case is pending/Successor Court in connection with Chand P.S. Case No.335 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T