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Patna High CourtCR. MISC./46992/2022allowed

Vijay Kumar Alias Vijay Ram v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46992 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== 1.

VIJAY KUMAR ALIAS VIJAY RAM Son of Late Ram Vilash Resident of Village - Sonma, Ward No.2, P.s.- Bakhari, Distt.- Begusarai. 2.

SHYAMDEO RAM Son of Late Ram Vilash Resident of Village - Sonma, Ward No.2, P.s.- Bakhari, Distt.- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Anant Kumar 1 Mr. Bipin Kumar ====================================================== 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 147, 148, 149, 341, 323, 307, 354 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 levelled against the petitioners is not specific rather general and omnibus in nature. It is submitted that there is an

Patna High Court CR. MISC. No.46992 of 2022(2) dt.06-12-2022 2/2 admitted land dispute between the parties and a title suit bearing title suit no.03 of 2020 is pending between them in the court of learned ACJM, Bakhri, Begusarai. He further submits that the injuries are simple in nature. Petitioners have one criminal antecedent.

Learned APP for the State as well as learned counsel for the informant have opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature and there is an admitted land dispute between the parties, 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 Bakhari P.S. Case No.26 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