Anand Kishore Azad @ Avadh Kishore Azad @ Avadh Kishor Singh @ And Kishor Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35828 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.
Anand Kishore Azad @ Avadh Kishore Azad @ Avadh Kishor Singh @ And Kishor Azad, aged about 42 years, Male, son of Late Gopichand Singh Village- Kaup Ps- Charpokhari Dist- Bhojpur 2.
Vinod Singh @ Binod Singh, aged about 46 years, Male, Son of Late Gopichand Singh Village- Kaup Ps- Charpokhari Dist- Bhojpur 3.
Subash Singh @ Subhash Singh, aged about 60 years, Male, son of Dama Prasad Singh @ Late Doma Singh Village- Kaup Ps- Charpokhari DistBhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar, Advocate Mr. Prashant Sharma, Advocate Mr. Sudhakar Ranjan, Advocate Mr. Shivam Kumar, Advocate Mr. Sonu Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Charpokhari P.S. Case No. 43 of 2023 dated 02.03.2023, instituted for the offences punishable under Sections 323, 324, 307, 341, 504, 147 and 149 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 24.02.2023 at about 7:00 pm, while the informant has been returning home, petitioner nos. 1 to 3 along with other named co-accused surrounded and assaulted him with sword, lathi and butt of gun which resulted in grievous injuries. It is further alleged that they also assaulted the informant's family members.
Patna High Court CR. MISC. No.35828 of 2023(2) dt.21-07-2023 2/2
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. As per the injury report, the injuries are simple in nature and caused by hard and blunt substance. Learned counsel further submits that both the parties are agnets and there is a land dispute between the petitioners and informant. Lastly, it has been submitted that they have clean antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Charpokhari P.S. Case No. 43 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Bhojpur at Ara/ Concerned Court, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) annpurna/- U T