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Patna High CourtCR. MISC./29030/2023allowed

Arun Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29030 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== 1.

ARUN YADAV SON OF LATE DEONANDAN YADAV R/O VILLAGETILKAI, P.S.- BARABAR PARYATAN, VISHUNGANJ, DISTRICTJEHANABAD 2.

MUNNA KUMAR SON OF RAM ISHWAR YADAV R/O VILLAGETILKAI, P.S.- BARABAR PARYATAN, VISHUNGANJ, DISTRICTJEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, 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 341, 323, 325, 307, 379, 427, 506/34 of the IPC.

3. As per the prosecution case, the petitioners assaulted on the head and hand of the son of the informant by means of iron rod. Other accused persons assaulted the informant's side.

4. 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 ulterior motive. No such occurrence, in the manner as alleged,

Patna High Court CR. MISC. No.29030 of 2023(2) dt.17-07-2023 2/2 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, which is clear from the injury report enclosed at Annexure-2. 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 Barabar Prayatan (Vishunganj O.P.) P.S. Case No.213 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