Anil Laheri @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53576 of 2024 Arising Out of PS. Case No.-392 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== 1.

Anil Laheri @ Anil Kumar SON OF ASHOK LAHERI VILLAGEBALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DISTSAHARSA 2.

NUNU LAHERI @ ARUN LAHERI @ ARUN KUMAR SON OF ASHOK LAHERI VILLAGE- BALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 3.

SURAJ LAHERI @ SURAJ KUMAR SON OF MANOJ LAHERI @ MADHO VILLAGE- BALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 4.

BIMAL LAHERI @ BIMAL KUMAR LAHERI SON OF MANOJ LAHERI @ MADHO VILLAGE- BALWAHAT , PSSIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 5.

SONU LAHERI @ MATAR @ SONU KUMAR SON OF MANOJ LAHERI @ MADHO VILLAGE- BALWAHAT , PSSIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 6.

MONU LAHERI @ MONU KUMAR LAHERI SON OF MUNNA LAHERI VILLAGE- BALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 7.

DEEPAK LAHERI @ DIPAK KUMAR SON OF KANHAIYA LAHERI VILLAGE- BALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 8.

MANOJ LAHERI @ MADHO SON OF LATE BONU LAHERI VILLAGE- BALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA 9.

SUNIL LAHERI @ SUNIL KUMAR LAHERI SON OF JANAK LAHERI VILLAGE- BALWAHAT , PS- SIMRIBAKHTIYARPUR (BALWAHAT OP) DIST- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the petitioners and learned

Patna High Court CR. MISC. No.53576 of 2024(3) dt.14-11-2024 2/3 Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 324, 307, 379, 504, 506 of the IPC.

3.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.8.

4.

Permission is granted.

5.

Accordingly, this application with regard to petitioner no.8 is dismissed as withdrawn.

6.

Now, it is being heard for consideration of anticipatory bail of rest of the petitioners.

7.

Allegation against the petitioners is that they along with other co-accused persons indiscriminately assaulted the informant, his son and one Anit Kumar, who came there to save the informant, by means of various weapons.

8.

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 due to grudge. 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 an admitted land

Patna High Court CR. MISC. No.53576 of 2024(3) dt.14-11-2024 3/3 dispute between the parties and for the alleged occurrence, there is case and counter-case between the parties. The injuries have been found simple in nature and the injuries caused to one of the injured has been found grievous in nature but the same is not alleged to have been inflicted by the petitioners. Further, the petitioner nos.1, 2, 6, 7 and 9 have no criminal antecedent and petitioner nos.3, 4 and 5 have one criminal antecedent. 9.

Learned APP for the State opposed the prayer for bail. 10.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 to 7 and 9, 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 Simribakhtiyarpur (Balwahat OP) P.S. Case No.392 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 11.

This application is accordingly partly allowed. (Anjani Kumar Sharan, J) pallavi/- U T