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Patna High CourtCR. MISC./50075/2021allowed

Prabhat Saw v. The State Of Bihar

2022-04-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50075 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.

PRABHAT SAW S/o DWARIKA SAW R/o VILLAGE-PACHAMBA, P.SKAUWAKAOL, DISTRICT-NAWADA. 2.

MUKESH SAW S/o DWARIKA SAW R/o VILLAGE-PACHAMBA, P.SKAUWAKAOL, DISTRICT-NAWADA. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 354A, 504 & 506/34 of the Indian Penal Code. The petitioners in association of other co-accused are said to have abused and assaulted the informant.

Patna High Court CR. MISC. No.50075 of 2021(2) dt.29-04-2022 2/2 It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case at the instance of their enemies. The allegation levelled against the petitioners is not specific rather general and omnibus in nature rather the specific allegation is against one Kishori Ram. As a matter of fact, the petitioners are full brothers and the informant are agnates and next door neighbours. Petitioners have no criminal antecedent.

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 lower Court where the case is pending/successor Court in connection with Kauwakoal P.S. Case No.322 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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