Akshesh Kumar @ Aksheshwar Kumar @ Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49400 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

AKSHESH KUMAR @ AKSHESHWAR KUMAR @ AKHILESH RAI Son of Kusho Rai @ Kusheshwar Rai Resident of Village - Pakra, P.s.- Naugachia, Distt.- Bhagalpur.

2.

Kusho Rai @ Kusheshwar Rai Son of Bhumi Rai Resident of Village - Pakra, P.s.- Naugachia, Distt.- Bhagalpur.

3.

Satan Rai @ Sutan Rai @ Sujit Kumar Rai Son of Kusho Rai @ Kusheshwar Rai Resident of Village - Pakra, P.s.- Naugachia, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 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 341, 323, 504, 379, 506, 324 read with section 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 levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.49400 of 2022(2) dt.08-12-2022 2/2 general and omnibus in nature. It is submitted that there is an admitted land dispute between them. In the alleged occurrence, both sides have sustained injuries and there is a case and counter-case between the parties. 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, since the injuries are simple in nature and there is case and counter-case 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 Naugachia P.S. Case No.343 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T