Viran Hajara @ Viran Kumar Hajara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43161 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- KHUTAUNA District- Madhubani ====================================================== 1.

VIRAN HAJARA @ VIRAN KUMAR HAJARA Son of Devlat Majara Resident of Village - Siswar, P.S.- Khutauna, District - Madhubani. 2.

Santosh Hajara @ Santosh Kumar Hajara Son of Devlal Hajara Resident of Village - Siswar, P.S.- Khutauna, District - Madhubani. 3.

Devlal Hajara Son of Sonai Hajara Resident of Village - Siswar, P.S.- Khutauna, District - Madhubani.

4.

Ramesh Chandh @ Amrendra Kumar Yadav @ Ramendra Chandh Son of Late bachai Chandh Resident of Village - Kalapatti, Barhi, P.S.- Phulparas, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 354, 448, 380, 435, 427, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below. As per the prosecution case, all the accused persons entered into the house of the informant and committed theft. It is further alleged that they have assaulted the informant and threatened him.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.43161 of 2022(5) dt.06-02-2023 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is case and counter case between the parties. He further submits that there is admitted land dispute between the parties which is clear from the FIR itself . He further submits that petitioners have got criminal antecedents as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that there is admitted land dispute between the parties, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Khatanua P.S. Case No.10/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.