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Patna High CourtCR. MISC./38290/2022bail granted

Pappu Kumar Dubey @ Pappu Dubey @ Popu Kumar Dubey v. The State Of Bihar

2022-12-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38290 of 2022 Arising Out of PS. Case No.-513 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

PAPPU KUMAR DUBEY @ PAPPU DUBEY @ POPU KUMAR DUBEY Son of Ram Eqbal Dubey Resident of Village - Rulahi, P.S. - Majhaulia, District - West Champaran.

2.

Rupesh Dubey @ Rupesh Son of Pramod Dubey Resident of Village - Rulahi, P.S. - Majhaulia, District - West Champaran. 3.

Pramod Dubey Son of Kapil Dubey Resident of Village - Rulahi, P.S. - Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, on orders of Neeraj Devi and Krishna Devi, accused Manish and Pappu assaulted the informant by farsa over head and by rod on leg causing injury, thereafter Rupesh and Pramod assaulted Nawal

Patna High Court CR. MISC. No.38290 of 2022(2) dt.05-12-2022 2/3 by farsa causing injury over left hand and took away the golden chain.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that on account of dispute relating to land the present occurrence is alleged to have taken place, it is also submitted that allegation of assault is against Manish and Pappu that they assaulted the informant by farsa over head and by an iron rod on leg causing injury, but then the injury found to be grievous is on elbow, as would be evident from Para-32 of the case diary and rest of the injuries of the injured 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

Patna High Court CR. MISC. No.38290 of 2022(2) dt.05-12-2022 3/3 Majhaulia P.S. Case No. 513 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T