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Patna High CourtCR. MISC./45576/2021bail granted

Amar Singh v. The State Of Bihar

2022-04-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45576 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

AMAR SINGH Son of Late Sevak Singh Resident of Village - Belwatiya, P.S. - Piprakothi, District - East Champaran. 2.

Tarun Kumar Singh @ Mukesh singh Son of Amar Singh Resident of Village - Belwatiya, P.S. - Piprakothi, District - East Champaran. 3.

Anirudh Singh Son of Late Mukut Narayan Singh Resident of Village - Belwatiya, P.S. - Piprakothi, District - East Champaran. 4.

Dhrup Narayan Singh Son of Late Guljar Singh Resident of Village - Belwatiya, P.S. - Piprakothi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP For the Informant :

Mr.Rajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in connection with Piprakothi P.S. Case No.48 of 2021, registered for the offence punishable under Sections 147, 149, 323, 324,

Patna High Court CR. MISC. No.45576 of 2021(2) dt.18-04-2022 2/3 307, 427, 435, 504, 506, 379 of the Indian Penal Code. The allegation against the petitioners is of abusing and assaulting the informant's side.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to prior enmity. No such occurrence, in the manner as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation of assault is leveled against the co-accused Haribansh Singh @ Akhilesh Singh, Vinod Bihari Singh and Rahul Kumar Singh. There is a case and counter-case between the parties and the injuries as per the injury report are simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is case and counter case between the parties and the injuries are simple in nature, 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

Patna High Court CR. MISC. No.45576 of 2021(2) dt.18-04-2022 3/3 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Piprakothi P.S. Case No.48 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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