Bhutkun Rishi @ Bhutakan Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38301 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- JALALGARH District- Purnia ====================================================== 1.

BHUTKUN RISHI @ BHUTAKAN RISHI S/o Late Chaturi Rishi Resident of Kachnahar, Ward No. 09, P.S.- Jalalgarh, District- Purnea 2.

SUREN KUMAR RISHI @ SUREN RISHI S/o Bhutkun Rishi @ Bhutakan Rishi Resident of Kachnahar, Ward No. 09, P.S.- Jalalgarh, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

Petitioners apprehend their arrest in a case registered for offence punishable u/s 147, 149, 323, 379, 307, 452, 427 and 354 (B) of IPC.

Allegedly, the petitioners forming an unlawful assembly came to the informant and started damaging the house of the informant. They also abused and threatened the informant and his family members. Petitioner no.2 gave iron rod blow on the head of the informant. Then, petitioner no.1 assaulted the informant by lathi.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.38301 of 2022(2) dt.22-11-2022 2/2 petitioners are quite innocent and have committed no offence. It is further submitted that the petitioners are the neigbhours of the informant and admittedly have land dispute between them. They have been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. 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 there is no specific allegation against the petitioners, 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) 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 Jalalgarh P.S. Case No.80 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T