Pradeep Bharti @ Pradeep Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48797 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- SISWAN District- Siwan ====================================================== Pradeep Bharti @ Pradeep Kumar Bharti S/O Dudhnath Bharti R/O VillageMubarakpur, P.S.- Siswan (Chainpur), Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 354, 448, 504, 506/34 of the Indian Penal Code. Petitioner is said to have abused the informant and also assaulted the informant's family with lathi, bricks and axes. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have

Patna High Court CR. MISC. No.48797 of 2021(2) dt.26-04-2022 2/2 sustained injury. He submits that similarly situated co-accused has already been granted bail by the leanred court below itself. He submits that though the petitioner has assaulted the husband of the informant on the head by iron rod and also used criminal force to outrage the modesty of the informant but no injury was found. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the fact that there is admitted land dispute between the parties, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Siswan (Chainpur) P.S. Case No. 77 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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