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Patna High CourtCR. MISC./31309/2023allowed

Bhagwan Roy v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31309 of 2023 Arising Out of PS. Case No.-824 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

BHAGWAN ROY Son of Late Dumar Singh Resident of village - Usfa, P.S.- Gaurichak, Dist.- Patna 2.

Dig Vijay Singh @ Guddu @ Dig Vijay Kr. Son of Bhagwan Roy Resident of village - Usfa, P.S.- Gaurichak, Dist.- Patna 3.

Suddu Kumar @ Bittan Son of Bhagwan Roy Resident of village - Usfa, P.S.- Gaurichak, Dist.- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajesh Mohan For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 324, 384, 379, 337, 338 and 506/34 of the Indian Penal Code and under Section 27 of the Arms Act pending in the learned court below.

3. As per the prosecution case, the petitioners are said to have demanded ransom from the informant and also assaulted him.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.31309 of 2023(2) dt.17-07-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gaurichak P.S. Case No.824/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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