Balram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49866 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== 1.
BALRAM KUMAR S/O VASHU DEV RAM R/O VILLAGEPHULWARIYA, WARD NO. 1, PS. PHULWARIYA, DIST. BEGUSARAI 2.
VIKASH KUMAR S/O SHAMBHU RAM R/O VILLAGEPHULWARIYA, WARD NO. 1, PS. PHULWARIYA, DIST. BEGUSARAI 3.
PRAKASH KUMAR S/O SHAMBHU RAM R/O VILLAGEPHULWARIYA, WARD NO. 1, PS. PHULWARIYA, DIST. BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Sinha For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 379 and other allied Sections of the Indian Penal Code.
3. Allegedly, the petitioners and other co-accused persons abused and brutally assaulted the informant's side by means of several weapons due to which they sustained injuries.
4. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather
Patna High Court CR. MISC. No.49866 of 2023(3) dt.12-09-2023 2/2 general and omnibus in nature. He submits that earlier the petitioner's side filed a case against the informant thereafter the informant has filed the present case against the petitioners. There is an admitted land dispute between the parties. He further submits that the injuries are of simple nature which is clear from the injury report enclosed in the case diary. Petitioners have two criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as the injuries are of simple 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/- (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 Phulwariya P.S. Case No.192 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T