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Patna High CourtCR. MISC./63274/2021bail granted

Om Prakash @ Om Prakash Kumar v. The State Of Bihar

2022-07-20Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63274 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- PALIGANJ District- Patna ====================================================== 1.

OM PRAKASH @ OM PRAKASH KUMAR S/o Jay Sri Sharma @ Jaishari Sharma @ Sri Jai Sri Sharma @ Sri Jai Sri R/o village- Bharbhesar, P.S.- Paliganj, District- Patna 2.

Jay Sri Sharma @ Jaishari Sharma @ Sri Jai Sri Sharma @ Sri Jai Sri S/o Mahendra Sharma R/o village- Bharbhesar, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code, registered in connection with Paliganj P.S.Case No. 358 of 2020.

As per allegation, the accused persons named in the FIR including the petitioners assaulted the informant with lathi, kahanti etc. Prior to this occurrence also the accused persons had assaulted the informant.

The learned counsel for the petitioners has submitted that the entire allegation is false. As a matter of fact, the

Patna High Court CR. MISC. No.63274 of 2021(2) dt.20-07-2022 2/2 informant and other accused persons had committed the murder of father of co-accused Rajnish Kumar and in this respect Paliganj P.S. Case No. 234 of 2019 was lodged under Sections 328 and 302/34 of the Indian Penal Code. The informant has lodged this false case to make pressure to compromise that case. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned SDJM, Danapur, Patna in connection with Paliganj P.S.Case No. 358 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T