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Patna High CourtCR. MISC./46299/2024allowed

Bipinbihari @ Bipin Bihari Prasad v. The State Of Bihar

2024-07-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46299 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Bipinbihari @ Bipin Bihari Prasad S/o- Late Mahesh Prasad @ Mahesh Sah Village- Chhota Baudha Ps- Sugauli Dist- East Champaran 2.

Shambhu Prasad son of Ramsundar Prasad @ Ramsundar Sah VillageChhota Baudha Ps- Sugauli Dist- East Champaran 3.

Pappu Prasad @ Pramod Kumar son of Ramsundar Prasad @ Ramsundar Sah Village- Chhota Baudha Ps- Sugauli Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shail Kumari, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, Adv.

Mr. Shashank Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 307, 324, 427, 385, 506, 120(B) of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioners are said to have assaulted the informant's side brutally and also outraged the modesty of the informant.

Patna High Court CR. MISC. No.46299 of 2024(2) dt.24-07-2024 2/3

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have sustained grievous injuries. There is case and counter case between them. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and 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/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor

Patna High Court CR. MISC. No.46299 of 2024(2) dt.24-07-2024 3/3 Court in connection with Sugauli P.S. Case No. 91 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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