Ganguli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43443 of 2023 Arising Out of PS. Case No.-771 Year-2022 Thana- MADHAURAH District- Saran ====================================================== 1.

GANGULI KUMAR S/o Subash Rai Resident of village-Takina Ward No. 1 P.S. Morhowrah Distt-Saran at Chapra 2.

SUBASH RAI S/o Punyadev Ray Resident of village-Takina Ward No. 1 P.S. Morhowrah Distt-Saran at Chapra 3.

RANJEET RAI @ SANJIT RAI S/o Dilip Rai Resident of village-Takina Ward No. 1 P.S. Morhowrah Distt-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 307 and 504/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioners are said to have assaulted the informant and her family members.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He

Patna High Court CR. MISC. No.43443 of 2023(2) dt.18-08-2023 2/2 submits that both the parties are agnates. He further submits that the injuries found upon the victims are simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victims are simple in nature, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Morhowrah P.S. Case No.771 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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