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Patna High CourtCR. MISC./34506/2023allowed

Kundan Rishi v. The State Of Bihar

2023-07-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34506 of 2023 Arising Out of PS. Case No.-161 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

KUNDAN RISHI SON OF SANTAN RISHI @ SANTLAL RISHI. RESIDENT OF VILLAGE- SINGHIA TOLA, BEGAMBAD, PS- SADAR, DISTT- PURNEA 2.

MUKESH RISHI SON OF AJAB LAL RISHI RESIDENT OF VILLAGESINGHIA TOLA, BEGAMBAD, PS- SADAR, DISTT- PURNEA 3.

SANTAN RISHI @ SANTLAL RISHI SON OF ASHARFI RISHI RESIDENT OF VILLAGE- SINGHIA TOLA, BEGAMBAD, PS- SADAR, DISTT- PURNEA 4.

SURAJ RISHI @ SURAJ KUMAR RISHI SON OF SURESH RISHI RESIDENT OF VILLAGE- SINGHIA TOLA, BEGAMBAD, PS- SADAR, DISTT- PURNEA 5.

MAHESH RISHI SON OF SURESH RISHI RESIDENT OF VILLAGESINGHIA TOLA, BEGAMBAD, PS- SADAR, DISTT- PURNEA 6.

SURESH RISHI SON OF AJABLAL RISHI RESIDENT OF VILLAGESINGHIA TOLA, BEGAMBAD, PS- SADAR, DISTT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 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 147, 341, 323, 326, 504 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have assaulted the informant side brutally.

Patna High Court CR. MISC. No.34506 of 2023(2) dt.25-07-2023 2/3

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. 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 injuries sustained by the victims are simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that there is specific allegation against petitioner nos. 1 & 3 that they assaulted the informant side brutally due to which they sustained injuries.

6. Having regard to the facts and circumstances of the case and considering the nature of the injuries sustained by the victims i.e. simple, 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 lower Court where the case is pending/successor Court in connection with Purnea Sadar P.S.

Patna High Court CR. MISC. No.34506 of 2023(2) dt.25-07-2023 3/3 Case No. 161 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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