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Patna High CourtCR. MISC./30741/2022allowed

Jitendra Ram @ Jitendra Kumar Ram v. The State Of Bihar

2022-09-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27863 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- DINARA District- Rohtas ====================================================== ANUP GIRI @ ANUP PRAKASH GIRI Chela- Late Ramanand Singh Resident of Village - Karanj Math, P.S. - Dinara, District - Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29518 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- DINARA District- Rohtas ====================================================== 1.

RAGHUNATH DUBEY SON OF LATE DHUPAN DUBEY @ BAIDNATH DUBEY R/O VILLAGE- KARANJ, P.S.- DINARA, DISTRICT- ROHTAS 2.

GOPAL KAHAR SON OF LATE ANANT KAHAR R/O VILLAGEKARANJ, P.S.- DINARA, DISTRICT- ROHTAS 3.

LAL MOHR RAM SON OF LATE SHIV RATI RAM R/O VILLAGEKARANJ, P.S.- DINARA, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30741 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- DINARA District- Rohtas ====================================================== JITENDRA RAM @ JITENDRA KUMAR RAM SON OF KAMESHWAR RAM RESIDENT OF VILLAGE- KARANJ , P.S- DINARA , DISTROHTAS ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 27863 of 2022) For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary

Patna High Court CR. MISC. No.27863 of 2022(2) dt.06-09-2022 2/3 (In CRIMINAL MISCELLANEOUS No. 29518 of 2022) For the Petitioner/s :

Mr. Ravishankar Sahay Mr. Rakesh Kumar Mishra Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Pramod Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 30741 of 2022) For the Petitioner/s :

Mr. Ravishankar Sahay Mr. Rakesh Kumar Mishra Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard the parties.

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. The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 149, 341, 323, 307, 435, 379, 504, 506 of IPC.

Allegedly, the petitioner Anup Giri ordered to assault the informant. Upon this the petitioners along with all the accused persons assaulted the informant's side by means of deadly weapons due to which they sustained 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather

Patna High Court CR. MISC. No.27863 of 2022(2) dt.06-09-2022 3/3 general and omnibus in nature. There is a case and counter-case between the parties. In the alleged occurrence both sides sustained injuries. He further submits that though few injuries were grievous in nature but one person from the side of petitioners had died on the spot. Petitioners have no criminal antecedent, except petitioner no.3 in Cr. Misc. No.29518 of 2022, namely, Lal Mohr Ram, having one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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 Dinara P.S. Case No.144 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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