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Patna High CourtCR. MISC./48305/2021allowed

Pintu Kumar v. The State Of Bihar

2022-04-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48305 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

PINTU KUMAR Son of Kashi Nath Ram Resident of Village- Bhminichak, P.S.- Dulhin Bazar, District- Patna.

2.

Manish Kumar Son of Kishuni Yadav Resident of Village- Katayapar, P.S.- Dulhin Bazar, District- Patna.

3.

Dev Nath Kumar Son of Kishuni Yadav Resident of Village- Katayapar, P.S.- Dulhin Bazar, District- Patna.

4.

Chandralok Kumar Son of Kishuni Yadav Resident of Village- Katayapar, P.S.- Dulhin Bazar, District- Patna.

5.

Jitendra Kumar Son of Kishuni Yadav Resident of Village- Katayapar, P.S.- Dulhin Bazar, District- Patna.

6.

Dilip Kumar Son of Amarnath Yadav Resident of Village- Katayapar, P.S.- Dulhin Bazar, District- Patna.

7.

Sugan Kumar Son of Amarnath Yadav Resident of Village- Katayapar, P.S.- Dulhin Bazar, District- Patna.

8.

Ranjit Kumar Son of Sharwan Ram Resident of Village- Kataiyapar, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rahul Rathour For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the

Patna High Court CR. MISC. No.48305 of 2021(2) dt.25-04-2022 2/3 Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 429, 379, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. As a matter of fact, due to trivial dispute, a free fight took place between the parties in which both the parties sustained injuries. The injury sustained by the victim are simple in nature. Petitioners have no criminal antecedent, except petitioner nos.7 & 8, who have one criminal antecedent.

Having regard to the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.48305 of 2021(2) dt.25-04-2022 3/3 lower Court where the case is pending/successor Court in connection with Dulhin Bazar P.S. Case No.151 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T