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Patna High CourtCR. MISC./53155/2021allowed

Shri Bhagwan Singh v. The State Of Bihar

2022-05-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53155 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- KACCHWA District- Rohtas ====================================================== Shri Bhagwan Singh Son Of Munmun Singh Resident Of Village- Ibrahimpur, P.S.- Kachchhawa, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Upadhyay For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code. Petitioner along with other accused persons are said to have abused and assaulted the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties. He submits that

Patna High Court CR. MISC. No.53155 of 2021(2) dt.12-05-2022 2/2 there is general and omnibus allegation levelled against the petitioner. Injury found upon the victim is simple in nature. He submits that petitioner was summoned under Section 41(i) of the Cr.P.C. and he is enjoying the privilege of Section 41(i) of Cr.P.C. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts that there is general and omnibus allegation against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kachchhawa P.S. Case No. 44 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T