Brahmdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38695 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

BRAHMDEO SINGH S/o Late Mahendra Singh R/o village- Chanchaura, P.S.- Chapra Muffasil, District- Saran at Chapra 2.

Prem Kumar Singh S/o Brahmdeo Singh R/o village- Chanchaura, P.S.- Chapra Muffasil, District- Saran at Chapra 3.

Dip Lal Singh @ Dipak Kumar S/o Brahmdeo Singh R/o villageChanchaura, P.S.- Chapra Muffasil, 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. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, all the accused persons including the petitioners have indiscriminately assaulted the informant by means of various weapons and also took out Rs.30,000/- from his pocket and gold chain from his neck.

Patna High Court CR. MISC. No.38695 of 2022(3) dt.05-12-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners to assault the informant by hard and blunt substance. He further submits that there is previous enmity between the parties which is also clear from the perusal of FIR. The injuries are simple in nature and no incriminating articles has been recovered from the conscious possession or the house of the petitioners. Petitioner no.2 and 3 have no criminal antecedent and petitioner no.1 has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

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 court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.38695 of 2022(3) dt.05-12-2022 3/3 connection with Chapra Muffasil P.S. Case No.24 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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