Kunti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51136 of 2022 Arising Out of PS. Case No.-352 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
KUNTI DEVI WIFE OF BAJRANGI VISHWAKARMA @ BAJRANGI MISTRI R/O VILLAGE- MUSLIMABAD P.O.- TARARI, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD 2.
MITHALESH SHARMA @ MITHALESH VISHWAKARMA SON OF BAJRANGI SHARMA @ BAJRANGI VISHWAKARMA @ BAJRANGI MISTRI R/O VILLAGE- MUSLIMABAD P.O.- TARARI, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD 3.
JAYRAM VISHWAKARMA SON OF BAJRANGI VISHWAKARMA @ BAJRANGI MISTRI R/O VILLAGE- MUSLIMABAD P.O.- TARARI, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD 4.
BAJRNGI VISHWAKARMA @ BAJRANGI MISTRI SON OF LATE RAM CHALITAR MISTRI R/O VILLAGE- MUSLIMABAD P.O.- TARARI, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD 5.
RAGHUNATH VISHWAKARMA SON OF BAJRANGI VISHWARKARMA @ BAJRANGI MISTRI R/O VILLAGEMUSLIMABAD P.O.- TARARI, P.S.- DAUDNAGAR, DISTRICTAURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Prasad Singh For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.
The allegation against the petitioners is that they
Patna High Court CR. MISC. No.51136 of 2022(4) dt.16-02-2023 2/3 alongwith other co-accused persons indiscriminately assaulted the informant's side by means of several weapons due to which they sustained injuries.
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. The informant and the petitioners are agnates and there is an admitted land dispute between them. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries are simple in nature, which is also apparent from the injury report enclosed in the case diary. 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, 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
Patna High Court CR. MISC. No.51136 of 2022(4) dt.16-02-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Daud Nagar P.S. Case No.352 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