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Patna High CourtCR. MISC./43593/2022partly allowed disposal

Kari Singh v. The State Of Bihar

2022-12-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43593 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- BALIYA District- Begusarai ====================================================== 1.

KARI SINGH S/o Ram Vinay Singh @ Panchu Singh R/o villageHasanpur, P.S.- Balia, District- Begusarai 2.

Subodh Kumar @ Subodh Singh S/o Ram Vinay Singh @ Panchu Singh R/o village- Hasanpur, P.S.- Balia, District- Begusarai 3.

Indradev Singh S/o Late Ram Khelawan Singh R/o village- Hasanpur, P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for bail of petitioner no.2.

Permission is accorded.

Accordingly, the prayer for bail of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos.1 and 3 and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 352, 379, 504 and 506 of the Indian Penal Code and

Patna High Court CR. MISC. No.43593 of 2022(2) dt.12-12-2022 2/2 Section 27 of the Arms Act.

Allegedly, it is a case of assault upon the informant due to which informant side sustained injury. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that specific allegation of assault is against other co-accused persons and not these petitioners. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence.

Considering the aforesaid submissions, let the petitioners, namely, Kari Singh and Indradev Singh, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Balia P.S. Case No. 34 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T