Rajeshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52378 of 2021 Arising Out of PS. Case No.-325 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.

RAJESHWAR RAM Son of Bankelal Ram Resident of Village- Paharichak, P.S.- Sonepur, District- Saran, Bihar 2.

MITHILESH KUMAR S/o-RAJESHWAR RAM Resident of VillagePaharichak, P.S.- Sonepur, District- Saran, Bihar 3.

RATNESH KUMAR S/o- RAJESHWAR RAM Resident of VillagePaharichak, P.S.- Sonepur, District- Saran, Bihar 4.

GIRIJESH KUMAR S/o- RAJESHWAR RAM Resident of VillagePaharichak, P.S.- Sonepur, District- Saran, Bihar 5.

NITESH KUMAR S/o- RAJESHWAR RAM Resident of VillagePaharichak, P.S.- Sonepur, District- Saran, Bihar 6.

MUKESH KUMAR S/o- RAJESHWAR RAM Resident of VillagePaharichak, P.S.- Sonepur, District- Saran, Bihar 7.

DINEAL TOPPO S/o- O.B. TOPPO Resident of Quarter No.T31, B, Paharichak, Railway Colony Road, No.02, P.S.- Sonepur, District- Saran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr.Adv Mr. Amresh Kumar Sinha, Adv Ms. Preety Kunwar, Adv For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 324, 325, 307, 354, 504, 506, 379 of the Indian Penal

Patna High Court CR. MISC. No.52378 of 2021(3) dt.07-11-2022 2/3 Code.

Allegedly, the petitioners alongwith other accused persons assaulted the informant's side by means of deadly weapons.

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. There is a case and counter-case between the parties. Both sides have sustained grievous injuries, which is also evident from the injury report mentioned in the case diary. Petitioner no. 1 to 6 have one criminal antecedent and petitioner no.7 has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submits that the injuries are grievous in nature. Having regard to the facts and circumstances of the case, since both sides have sustained grievous injuries, 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.52378 of 2021(3) dt.07-11-2022 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 Sonepur P.S. Case No.325 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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