Divya Pratap Singh Dev v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53379 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== 1.

DILIP KUMAR @ DILIP GUPTA Son of Late Bharat Sah Resident of Village - Satahan, Mangurahan, P.S. - Paharpur, District - East Champaran. 2.

Kameshwar Shah son of Late Bharat Sah Resident of Village - Satahan, Mangurahan, P.S. - Paharpur, District - East Champaran. 3.

Arvind Shah Son of Late Bharat Sah Resident of Village - Satahan, Mangurahan, P.S. - Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 209 of 2020 registered for offence punishable under sections 341, 323, 324, 308, 504, 506/34 of the Indian Penal Code.

The specific allegation against petitioner no. 1 is that he assaulted Laxman Shah with Farsa and petitioner no.2 Kameshwar Shah assaulted the elder brother of the informant with

Patna High Court CR. MISC. No.53379 of 2021(4) dt.31-08-2022 2/2 Bamboo.

The learned counsel for the petitioners has submitted that both the parties are agnates. There is case and counter case and the case lodged by the defense side is prior to the present F.I.R. Both the sides have sustained injuries and the injuries sustained by Laxman Shah and the elder brother of the informant are simple in nature and the petitioners are the persons of clean antecedents.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Paharpur P.S. Case No. 209 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T