Santosh Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34421 of 2022 Arising Out of PS. Case No.-150 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== 1.

SANTOSH VISHWAKARMA Son of Brahamdeo Vishwakarma @ Modo Vishwakarma Resident of Village - Baliya, P.s.- Rajauli, Distt.- Nawada. 2.

Akhilesh Kumar @ Akhilesh Vishwakarma Son of Kamla Mistry Resident of Village - Baliya, P.s.- Rajauli, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Rajauli P.S. Case No.150 of 2021, registered for the offences punishable under Sections 341, 323, 325, 354, 308, 448, 504, 506 and 34 of the Indian Penal Code.

The petitioners and other co-accused persons are said to have entered into the house of Shageer Ansari and started assaulting Nazis Kumar Ansari and Khalima Khatoon. Petitioner No.1 and co-accused, Bhullu Vishwakarma are said to have assaulted Khalima Khatoon causing fracture injury in her hand. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no

Patna High Court CR. MISC. No.34421 of 2022(2) dt.27-09-2022 2/2 criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that specific allegation is against co-accused, Sukhan Vishwakarma and Ramji Vishwakarma. It is submitted that petitioner no.1 is said to have assaulted Khalima Khatoon by means of lathi, but the injuries are simple in nature. It is also submitted that no specific overt act is alleged against petitioner no.2.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing the bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Rajauli P.S. Case No.150 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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