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Patna High CourtCR. MISC./48552/2023allowed

Narayan Singh v. The State Of Bihar

2023-08-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48552 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Narayan Singh S/O Late Langat Singh Resident Of Village-Sareya Bada Tola, Rampurwa, P.S.-Dumariya Ghat, District-East Champaran 2.

Ramjanam Sah S/O Late Shankar Sah Resident Of Village-Sareya Bada Tola, Rampurwa, P.S.-Dumariya Ghat, District-East Champaran 3.

Sanjiv Kumar Singh S/O Late Shiv Dayal Singh Resident Of Village-Sareya Bada Tola, Rampurwa, P.S.-Dumariya Ghat, District-East Champaran 4.

Pankaj Kumar S/O Narayan Singh Resident Of Village-Sareya Bada Tola, Rampurwa, P.S.-Dumariya Ghat, District-East Champaran 5.

Sonu Kumar S/O Narayan Singh Resident Of Village-Sareya Bada Tola, Rampurwa, P.S.-Dumariya Ghat, District-East Champaran 6.

Birendra Kumar S/O Late Punit Kuar Resident Of Village-Chhatauni Bara Tola, P.S.-Chhatauni, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anang Mohan Sinha For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Though the vakalatnama filed on behalf of the opposite party no.2 but nobody appears on his behalf.

3. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324 and 307/34 of the Indian Penal Code pending in the learned court below.

4. As per the prosecution case, allegation against the

Patna High Court CR. MISC. No.48552 of 2023(2) dt.24-08-2023 2/3 petitioners along with other co-accused persons are said to have assaulted the informant and others with intention to kill them.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is admitted land dispute between the parties. He submits that there is case and counter case between the parties. He further submits that the injury was found simple in nature. He further submits that petitioners have got criminal antecedent as stated in para-3 of the bail application.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the aforesaid facts and circumstances and the fact that injury found upon the victim is simple in nature and there is admitted land dispute between the parties, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dumariyaghat P.S. Case No.129/2023, subject

Patna High Court CR. MISC. No.48552 of 2023(2) dt.24-08-2023 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.

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