Karamat Gadi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46690 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- PALANWA District- East Champaran ====================================================== 1.

Karamat Gadi Son of Late Roshdin Gadi Resident of Village - Babueya, P.s.- Palanwa, Distt.- East Champaran.

2.

Md. Alam Gadi Son of Late Roshdin Gadi Resident of Village - Babueya, P.s.- Palanwa, Distt.- East Champaran.

3.

Lalu Gadi Son of Alam Gadi Resident of Village - Babueya, P.s.- Palanwa, Distt.- East Champaran.

4.

Hasmuddin Gadi Son of Late Mahamadjan Gadi Resident of Village - Babueya, P.s.- Palanwa, Distt.- East Champaran. 5.

Sabir Gadi @ Jhapas Gadi Son of Late Mahamadjan Gadi Resident of Village - Babueya, P.s.- Palanwa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh, Advocate For the Opposite Party :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no. 1, submitting that during pendency of this application, the petitioner no. 1 has already been arrested. Permission is granted.

Patna High Court CR. MISC. No.46690 of 2022(2) dt.05-12-2022 2/3 Accordingly, the instant application is dismissed as withdrawn in respect of petitioner no. 1 only. Now, this application survives for petitioner Nos. 2 to 5. Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 379, 307, 504/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both parties are close agnates. There is case and counter case between the parties. Both sides have sustained injuries. 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, let the petitioners Nos. 2 to 5, above-named, 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

Patna High Court CR. MISC. No.46690 of 2022(2) dt.05-12-2022 3/3 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 Palanwa P.S. Case No. 47 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/ Shahnawaz/- U T