Ram Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36501 of 2022 Arising Out of PS. Case No.-151 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

RAM VIVEK SINGH SON OF RAM CHANDRA SINGH R/O- VILLTEKANPURA, P.S.- NAOKOTHI, DIST.- BEGUSARAI 2.

MUKUND KUMAR SON OF RAM VIVEK SINGH R/O- VILLTEKANPURA, P.S.- NAOKOTHI, DIST.- BEGUSARAI 3.

RAM CHARITA SINGH @ RAM CHARITER SINGH SON OF HARDEV SINGH R/O- VILL-TEKANPURA, P.S.- NAOKOTHI, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Adv.

For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for the offence u/s 441, 342, 323, 324, 308, 504, 506/34 IPC. Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant and his father by means of various weapons.

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. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.36501 of 2022(2) dt.28-09-2022 2/2 allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. For the alleged occurrence, there is a case and counter-case between the parties and the injuries are simple in nature. It is further submitted that the petitioners were given the benefit of section 41 of the Cr.P.C. but the charge sheet has been submitted and cognizance has been taken against the petitioner. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since 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 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 Naokothi P.S. Case No.151 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.