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Patna High CourtCR. MISC./53199/2021allowed

Manoraj Singh v. The State Of Bihar

2022-06-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53199 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

MANORAJ SINGH Son of Shiv Narayan Singh Resident of Kamlabari, P.S. Azam Nagar, (Salmari O.P. ), District- Katihar. 2.

Himraj Singh Son of Shiv Narayan Singh Resident of Kamlabari, P.S. Azam Nagar, (Salmari O.P. ), District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar Mr.Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners is that they along

Patna High Court CR. MISC. No.53199 of 2021(3) dt.22-06-2022 2/3 with other accused persons have indiscriminately assaulted the informant's side.

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 leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Bimal Singh. The injury report at Annexure-3 and 4 shows the injury as simple in nature. There is a case and counter-case between the parties. Petitioners have no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is case and counter-case between the parties, 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

Patna High Court CR. MISC. No.53199 of 2021(3) dt.22-06-2022 3/3 where the case is pending/Successor Court in connection with Azam Nagar (Salmari O.P.) P.S. Case No.150 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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