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Patna High CourtCR. MISC./57280/2021allowed

Sukhu Rai v. The State Of Bihar

2022-05-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57280 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

SUKHU RAI Son of Late Rama Rai Resident of Village - Choshwari, P.S.- Bakhtiyarpur, District - Patna.

2.

Dilip Kumar @ Daro Son of Sushu Rai Resident of Village - Choshwari, P.S.- Bakhtiyarpur, District - Patna.

3.

Bambam Kumar @ Bama Son of Sukhu Rai Resident of Village - Choshwari, P.S.- Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2022 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.3 Bambam Kumar @ Bama.

Permission is accorded.

The application of petitioner no.3 Bambam Kumar @ Bama is, accordingly, dismissed as withdrawn. Heard both sides.

Petitioner nos.1 and 2 apprehend their arrest in Bakhtiyarpur P.S. Case No.93 of 2021 registered under Section 307 and other minor sections of the Indian Penal Code and Sections 25(1-b)a, and 27 of the Arms Act.

Patna High Court CR. MISC. No.57280 of 2021(2) dt.17-05-2022 2/2 Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in this case due to land dispute.

It is further submitted that only allegation of firing is made against the petitioners but no one has sustained firearm injury. Having considered the above facts and circumstances of the case, petitioner nos.1 and 2, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No.93 of 2021 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Harish/- (Arvind Srivastava, J) U T