Bablu Soren @ Bablu Sorain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31631 of 2023 Arising Out of PS. Case No.-331 Year-2020 Thana- KORHA District- Katihar ====================================================== 1.
BABLU SOREN @ BABLU SORAIN S/O PANCHU MARANDI @ PANCHU SOREN R/O Village- Bari Santhali Tola, Kolasi, P.S- Korha, Distt.- Katihar.
2.
Hanju Soren @ Bhujum Marandi S/O Sanjay Soren R/O Village- Bari Santhali Tola, Kolasi, P.S- Korha, Distt.- Katihar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad, Adv.
For the Opposite Party/s :
Mr.Pranav Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 307, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that, on 13.07.2020, all the accused persons, named in FIR, assaulted the informant Md. Sharif and also took away his mobile as well as cash of Rs. 15000/- from his possession.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. no such occurrence as alleged ever took place.
Patna High Court CR. MISC. No.31631 of 2023(4) dt.07-08-2023 2/3 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The present case is nothing but a counter blast of Korha P.S. Case No. 332 of 2020, which was lodged by the wife of petitioner no.2, as mentioned in para 8 of the bail petition. It is further submitted that later on, both the parties settled the matter and filed a compromise petition on 09.01.2023 before the learned Court below. Petitioner no.1 has one criminal antecedent, whereas petitioner no.2 has no criminal antecedent as mentioned in para-3 of this application.
5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations made against the petitioner are serious, as the injury caused by the petitioners to the informant was found grievous in nature, hence they do not deserve anticipatory bail.
6. Having regard to the facts and circumstances of the case, as there is case and counter case between the parties, 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
Patna High Court CR. MISC. No.31631 of 2023(4) dt.07-08-2023 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Korha P.S. Case No. 331 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T