Dharmendra Mistry @ Dharmendra Vishwa Karma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49423 of 2023 Arising Out of PS. Case No.-775 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

Dharmendra Mistry @ Dharmendra Vishwa Karma S/O Sri Shibu Mistry R/O Village- Baheradih, P.S- Barachatti, Distt.- Gaya, Bihar. 2.

Kiran Devi W/O Shri Dharmendra Vishwa Karma R/O Village- Baheradih, P.S- Barachatti, Distt.- Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dudheshwar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Barachatti P.S Case No. 775 of 2020 dated 26.12.2020 registered for the offence punishable u/ss 341, 323, 325, 307, 379, 506, 509 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners armed with iron rod assaulted on the head of the informant due to which he sustained severe head injury and they also snatched

Patna High Court CR. MISC. No.49423 of 2023(6) dt.18-12-2023 2/2 Rs. 2000/- in cash from the informant's pocket.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the injury is simple in nature. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghati, Gaya in connection with Barachatti P.S Case No. 775 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T