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Patna High CourtCR. MISC./47114/2022allowed

Ritesh Kumar @ Ritesh Kumar Sah v. The State Of Bihar

2022-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47114 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== 1.

RITESH KUMAR @ RITESH KUMAR SAH Son of Umesh Sah Resident of Village - Birnoudh, P.S.- Goradih, Distt.- Bhagalpur. 2.

Umesh Sah Son of Raghunandan Sah Resident of Village - Birnoudh, P.S.- Goradih, Distt.- Bhagalpur.

3.

Anand Kumar @ Anant Kumar Son of Umesh Sah Resident of Village - Birnoudh, P.S.- Goradih, Distt.- Bhagalpur.

4.

Binod Sah Son of Karu Sah Resident of Village - Birnoudh, P.S.- Goradih, Distt.- Bhagalpur.

5.

Niranjan Sah Son of Raghunandan Sah Resident of Village - Birnoudh, P.S.- Goradih, Distt.- Bhagalpur.

6.

Sahdeo Sah Son of Ganesh Sah Resident of Village - Birnoudh, P.S.- Goradih, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 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 Sections 341, 323, 379, 307, 354, 447, 504, 506/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.47114 of 2022(2) dt.06-12-2022 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is submitted that there is an admitted land dispute between them. The injuries are simple in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as the injuries are simple in nature, 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 court below where the case is pending/Successor Court in connection with Sabour (Goradih) P.S. Case No.159 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T