Sarvan Baitha @ Shrawan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47527 of 2021 Arising Out of PS. Case No.-144 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

SARVAN BAITHA @ SHRAWAN BAITHA S/o Ramendra Baitha Resident of Village- Salempur, P.S.- Chapra (Town), District- Saran at Chpra. 2.

Monu Baitha @ Maunu Baitha S/o Sheonath Bitha Resident of VillageSalempur, P.S.- Chapra (Town), District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chapra Town P.S. Case no. 144 of 2021 instituted for the offence punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, six accused persons including the petitioners entered into the house of the informant and started abusing. On protest, petitioner no. 2 caught hold of his hand and petitioner no. 1 assaulted him with bat. Co-accused Buchi Kumari indiscriminately attacked on him resulting into his head and chest injuries. It is further alleged that Shrawan Baitha snatched gold chain from his neck.

Patna High Court CR. MISC. No.47527 of 2021(2) dt.24-03-2022 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. Injuries received by the informant is simple in nature. Specific allegation is against Buchhi Kumar. They have got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chapra Town P.S. Case no. 144 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushm/- U