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Patna High CourtCR. MISC./39278/2023allowed

Arun Das v. The State Of Bihar

2023-08-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39278 of 2023 Arising Out of PS. Case No.-250 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Arun Das Son Of Medi Das Resident Of Village- Saraiya, Ps- Goradih, Distt- Bhagalpur 2.

Pritam Das Son Of Medi Das Resident Of Village- Saraiya, Ps- Goradih, Distt- Bhagalpur 3.

Fuchkiya @ Surendra Das@ Fuchhiya Das @ Chusan Das Son Of Nevi Das Resident Of Village- Saraiya, Ps- Goradih, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandrasekhar Sharma For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 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, 148, 341, 323, 447, 307, 379, 504, 427 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other accused persons are said to have assaulted the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to land dispute. The allegation levelled against the

Patna High Court CR. MISC. No.39278 of 2023(2) dt.03-08-2023 2/2 petitioners is not specific rather general and omnibus in nature. He submits that the injury was found simple in nature, a copy of the injury report is enclosed as Annexure-2 to this application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the 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 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 Jagdishpur (Goradih) P.S. Case No.250 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T