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Patna High CourtCR. MISC./46904/2024bail granted

Kabilash Singh v. The State Of Bihar

2024-07-24Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46904 of 2024 Arising Out of PS. Case No.-123 Year-2021 Thana- PALIGANJ District- Patna ====================================================== 1.

Kabilash Singh S/O Unknown R/O Village- Hasanpur, P.S.- Paliganj, District- Patna 2.

Ranjan Singh @ Ranjay Singh @ Rakesh Sharma S/O Kabilash Singh R/O Village- Hasanpura, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Paliganj P.S. Case No. 123 of 2021 registered for the offences punishable under Sections 341, 323, 504, 506, 307, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, petitioners and others are said to have assaulted informant's both sons as a result of which they sustained injury.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR. Petitioners bear no criminal antecedent. Learned counsel submits that there is a case and counter case between both the parties

Patna High Court CR. MISC. No.46904 of 2024(2) dt.24-07-2024 2/2 and free fighting cannot be ignored. There is no specific allegation against the petitioners rather the same is general and omnibus in nature. He further submits that dispute arose between the parties at the time of playing cricket and petitioners have falsely been made accused in the present case.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Danapur, Patna in connection with Paliganj P.S. Case No. 123 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T