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Patna High CourtCR. MISC./46075/2024allowed

Devi Dayal Sharan @ Diwi Dayal Sharan v. The State Of Bihar

2024-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46075 of 2024 Arising Out of PS. Case No.-662 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== 1.

Devi Dayal Sharan @ Diwi Dayal Sharan Ganesh Sharma Alias Ganesh Sharan R/O Village Waina P.S. Ghoshi Dist Jehanabad 2.

Nityanand Sharma @ Nityanand Kumar @ Golu S/O Devi Dayal Sharan @ Diwi Dayal Sharan R/O Village Waina P.S. Ghoshi Dist Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dheeraj Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they abused and assaulted the informant and son of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.46075 of 2024(2) dt.24-07-2024 2/2 there is case and counter case between the parties and both sides have sustained injury and the injury was found simple in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case and the nature of the injury, 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 lower Court where the case is pending/successor Court in connection with Ghoshi P.S. Case No.662 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T