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Patna High CourtCR. MISC./43835/2022allowed

Rajeev Kumar v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43835 of 2022 Arising Out of PS. Case No.-123 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== 1.

RAJEEV KUMAR Son of Ramkhelawan Singh Resident of Village - Fajilpur, P.s.- Nardiganj, Distt.- Nawada.

2.

Ramkhelawan Singh Son of Late Rameshwar Singh Resident of Village - Fajilpur, P.s.- Nardiganj, Distt.- Nawada.

3.

Praween Singh @ Praween Kumar @ Praveen Singh Son of Late Naresh Singh Resident of Village - Fajilpur, P.s.- Nardiganj, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 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 341, 323, 308, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.43835 of 2022(3) dt.12-12-2022 2/2 case. He submits that there is allegation against the petitioner no.1 & 3 who have fired upon the informant and petitioner no.2 who have assaulted the son of the informant by means of Gadasa but no any injury was found. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 22.11.2022 passed in Cr. Misc. No. 37173/2022. He further submits that petitioners have one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let 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 bonds 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 Nardiganj P.S. Case No. 123/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.