Surendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36629 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.

SURENDRA PATEL S/o Narsingh Raut @ Narsingh Patel R/o Village - Bairiyabrit, P.S. Haraiya, District - East Champaran. 2.

BRIJ PATEL @ VRIJKISHOR PATEL S/o Narsingh Patel @ Narsingh Raut R/o Village - Bairiyabrit, P.S. Haraiya, District - East Champaran. 3.

LATHHA PATEL S/o Narsingh Patel @ Narshingh Raut R/o Village - Bairiyabrit, P.S. Haraiya, District - East Champaran. 4.

PAHARRI KUMAR S/o Lathha Patel R/o Village - Bairiyabrit, P.S. Haraiya, District - East Champaran.

... ... Petitioners.

Versus

THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 & 504/34 of the Indian Penal Code.

All these petitioners including the womenfolk armed with deadly weapon are said to have come to the gate of informant abused and assaulted the informant and her family

Patna High Court CR. MISC. No.36629 of 2022(2) dt.22-11-2022 2/2 members.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both sides have filed cases against each other but the case filed by the petitioners' side is earlier to the case under hand. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, 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 Raxaul Haraiya P.S. Case No.07 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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