Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35170 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Sandeep Kumar Son Of Kapildeo Rai Resident Of Village - Kherawa, P.S. Chiraya, District - East Champaran, Motihari. 2.

Sachin Kumar Son Of Kapildeo Rai Resident Of Village - Kherawa, P.S. Chiraya, District - East Champaran, Motihari. 3.

Avanish Kumar Son Of Kapildeo Rai Resident Of Village - Kherawa, P.S. Chiraya, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 3, namely, Avinash Kumar .

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 3 is dismissed as withdrawn.

The petitioners are apprehending their arrest in a

Patna High Court CR. MISC. No.35170 of 2022(2) dt.28-11-2022 2/3 case registered for the offences punishable under Section 341, 447, 448, 323, 379, 307, 324, 504, 506/34 of the Bihar Prohibition & Excise Act.

It is a case of assaulting due to which informant and other person sustained injuries. Specific allegation on petitioner Sandeep Kumar is that he assaulted the informant by Farsa.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and she has falsely been implicated in the present case. It is also submitted that there is case and counter case between the parties. It is further submitted that both parties are agnates and there is land dispute between them. A statement has been made in para 3 of the petition that petitioners have clean antecedent. In the facts and circumstance of the case, let the petitioner, above named, except petitioner No. 3, in the event of thier arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount

Patna High Court CR. MISC. No.35170 of 2022(2) dt.28-11-2022 3/3 each to the satisfaction of learned A.C.J.M. IV, Sikarahana at Dhaka, Motihari, East Champaran in connection with Chiraya P.S. Case No. 222 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T