Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32337 of 2022 Arising Out of PS. Case No.-311 Year-2020 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== 1.
NAVIN KUMAR Son of Ram pravesh Ram Resident of Village - Gangaur, police Station - Korma, District - Sheikhpura. 2.
Praveen Kumar Son of Ram Pravesh Ram Resident of Village - Gangaur, police Station - Korma, District - Sheikhpura. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ram Lakhan Ram Son of Late Rameshwar Ram Resident of Village - Gangaur, police Station - Korma, District - Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners is directed 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. Petitioners apprehend their arrest in a case registered for the offence punishable u/s 307, 323, 325, 448 IPC. Allegedly, all the F.I.R. named accused persons including the petitioners, over a drainage dispute, came armed to the house of complainant and started firing with pistol and rifle. It is
Patna High Court CR. MISC. No.32337 of 2022(2) dt.14-09-2022 2/3 alleged that petitioner no.1 assaulted one Rajo Devi with the butt of pistol and petitioner no.2 assaulted the complainant by means of Farsa, causing injury on right hand and assaulted the wife of complainant with lathi on her arm.
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 general and omnibus in nature. It is submitted that though there is a grievous injury but the same is attributable against accused Rajendra Ram, who assaulted the complainant and his son. It is submitted that both sides are agnates and there is an admitted land dispute between them. For the alleged occurrence, there is a case and counter-case between the parties. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific role of petitioners in causing the grievous injury, 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
Patna High Court CR. MISC. No.32337 of 2022(2) dt.14-09-2022 3/3 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 connection with Complaint Case No.311(C) of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T