Bhim Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49627 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- CHANDI District- Bhojpur ====================================================== 1.

Bhim Rai S/O Late Sudarshan Rai R/O Village-Mathiyapur Pratappur, P.SChandi, District-Bhojpur. 2.

Dharmendra Rai S/O Late Kameshwer Rai R/O Village-Mathiyapur Pratappur, P.S-Chandi, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners 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 petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are said to have assaulted the informant by means of lathi, danda and iron rod with intention to kill him due to which he received head injury.

Patna High Court CR. MISC. No.49627 of 2021(2) dt.28-04-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts that there is case and counter case between the parties, the above named petitioners in the event of their 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) 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 connection with Chandi P.S. Case No. 69 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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