Sri Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31199 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- RANIYATALAB District- Patna ====================================================== 1.

Sri Niwas Kumar S/o Mahendra Yadav Resident of Village-Rajipur, P.S.- Rani Talab, District-Patna.

2.

Raja Kumar S/o Mithilesh Yadav Resident of Village-Rajipur, P.S.-Rani Talab, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rani Talab P.S. Case no. 144 of 2021 instituted for the offence under Sections 147, 148, 149, 323, 324, 325, 307, 379, 354 of the Indian Penal Code.

Prosecution case is that when the informant went to work in field in the meantime, petitioner along with other coaccused persons entered his house and began ill treat with his sister in law. It is further alleged that they also assaulted his family members by means of farsa and iron rod due to which

Patna High Court CR. MISC. No.31199 of 2022(2) dt.22-11-2022 2/3 they sustained injury.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. They have falsely been implicated in this case due to village politics. It is further submitted that general and omnibus allegations have been leveled against these petitioners. It is further submitted that there is case and counter case and both parties sustained injury as alleged in separate occurrence. Both parties are close neighbours to each other.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rani Talab P.S. Case no. 144 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur, Patna subject to the conditions as laid down under

Patna High Court CR. MISC. No.31199 of 2022(2) dt.22-11-2022 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T