← Library
Patna High CourtCR. MISC./43988/2023allowed

Bhukh Nat @ Bhuk Nut @ Bhukha Nat v. The State Of Bihar

2023-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43988 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- SACHIVALAYA District- Patna ====================================================== 1.

BHUKH NAT @ BHUK NUT @ BHUKHA NAT SON OF NOOR MOHAMMAD @ NOOR NUT RESIDENT OF VILLAGE- R. BLOCK, GOLAMBAR, PS- SACHIVALAYA, DIST- PATNA 2.

KARIYA NAT @ KARIYA PAHALWAN SON OF LATE KARIYA NAT @ LATE KEARI PAHALWAN RESIDENT OF VILLAGE- R. BLOCK, GOLAMBAR, PS- SACHIVALAYA, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 504, 34 of the Indian Penal Code pending in the learned court below.

3. Prosecution case is that when the informant returning from park, the accused persons including the petitioners came at her house and started abusing and trying to beat her and after listening sound of her crying, the informant husband came and and after seeing them, accused persons have beaten them with lathi danda and inured them and snatched her silver chain, golden ring.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.43988 of 2023(2) dt.22-08-2023 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. Learned counsel for the petitioners further submits that the petitioners have criminal antecedent, as mentioned in para 3 of the bail application and on the basis of criminal antecedent, the anticipatory bail was rejected by the Court below. He further submits that there is no specific overt act against the petitioners and the injury was found to be simple in nature.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, 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 bond 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 Sachivalaya P.S. Case No. 221 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) sanjeev/- U T