Patna High CourtCR. MISC./59007/2023bail granted

Rohit Saw @ Rohit Kumar v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59007 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

ROHIT SAW @ ROHIT KUMAR S/O RAMJI SAW R/O VILLAGEDHARMRAJCHAK, WARD NO. 6, P.S AND DISTT.- LAKHISARAI. 2.

MANOJ SAW @ MANOJ KUMAR S/O RAMJI SAW R/O VILLAGEDHARMRAJCHAK, WARD NO. 6, P.S AND DISTT.- LAKHISARAI. 3.

SIKANDAR SAW @ SIKANDAR KUMAR S/O RAMJI SAW R/O VILLAGE- DHARMRAJCHAK, WARD NO. 6, P.S AND DISTT.- LAKHISARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023

1. 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 a case registered for the offences punishable u/ss 341, 323, 325, 379, 354, 307, 448 read with Section 34 of the Indian Penal Code.

4. As per the prosecution the case, it is alleged that the petitioners and the other co-accused persons entered the

Patna High Court CR. MISC. No.59007 of 2023(2) dt.22-09-2023 2/3 house of the informant and assaulted her with iron rod. When Gayatri Devi came to rescue, they also assaulted her with iron rod on her head and broke her hand. It is further alleged that they snatched earring of Gayatri Devi and molested her. They looted Rs. 15,000/- from the house of the informant. It is further alleged that they also assaulted Kailash Devi.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against these petitioners. Learned counsel further submitted that the injuries sustained are simple in nature except the injury no. 2 of Gayatri Devi which is grievous in nature found on the forearm. The petitioners are accused in two other criminal cases and are on bail in both the cases as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for 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

Patna High Court CR. MISC. No.59007 of 2023(2) dt.22-09-2023 3/3 concerned, Lakhisarai in connection with Lakhisarai P.S. Case No. 299 of 2023, 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) Alok Verma/- U T