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Patna High CourtCR. MISC./41906/2023allowed

Raja Kumar Singh @ Radha Raman Singh @ Raja Singh v. The State Of Bihar

2023-08-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41906 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== RAJA KUMAR SINGH @ RADHA RAMAN SINGH @ RAJA SINGH SON OF RAMADHAR SINGH RESIDENT OF VILLAGE- SIRUA, PSBAHERI, DISTT- DARBHANGA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43038 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== VIKASH SINGH @ VIKASH KUMAR SINGH Son of Nityanand Singh Resident of village - Sirua, P.S. - Baheri, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41906 of 2023) For the Petitioner/s :

Mr.Kaushal Kumar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP For the Informant :

Mr.Girish Chandra Jha, Adv.

(In CRIMINAL MISCELLANEOUS No. 43038 of 2023) For the Petitioner/s :

Mr.Kaushal Kumar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP For the Informant :

Mr.Girish Chandra Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 As both these cases arises out of the same offence and same police station case numbers, they are being taken up and heard together and are being disposed of by this common order.

2. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

Patna High Court CR. MISC. No.41906 of 2023(2) dt.04-08-2023 2/3

3. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504/34 of the IPC.

4. As per the prosecution case, the accused persons created nuisance in drunken condition and on protest, they assaulted the informant with knife and opened indiscriminate firing upon him.

5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries were found simple in nature. Petitioners have no criminal antecedent.

6. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

7. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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/-

Patna High Court CR. MISC. No.41906 of 2023(2) dt.04-08-2023 3/3 (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 Baheri P.S. Case No.83 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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