Rajesh Kumar @ Rajesh Kumar Noniya @ Rajesh Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36790 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== 1.

RAJESH KUMAR @ RAJESH KUMAR NONIYA @ RAJESH NONIYA Son of Balkishun Noniya Resident of village - Trithkoul, P.S. - Sandesh, District - Bhojpur.

2.

Jai Gopal Noniya Son of Nithali Noniya Resident of village - Trithkoul, P.S. - Sandesh, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to make rectification in Para-1 of the anticipatory bail application.

Permission is accorded.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504 506, 307 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case and the informant alleges that

Patna High Court CR. MISC. No.36790 of 2022(2) dt.30-11-2022 2/3 on 18.12.2021 at about 4:00 PM, she went to the house of Balkishun Noniya for returning Rs. 30,000/- and there it is alleged that petitioner no.1 assaulted her with spade causing injury, Shiv Dhari assaulted with lathi causing injury on her right hand and Manoj assaulted her with slaps. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the date of occurrence is 18.12.2021 and the FIR has been instituted on 25.12.2021 i.e., after a delay of seven days which creates doubt with regard to the veracity of the allegations as alleged in the FIR, it is also submitted that even injuries are simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sandesh

Patna High Court CR. MISC. No.36790 of 2022(2) dt.30-11-2022 3/3 P.S. Case No. 271 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T