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Patna High CourtCR. MISC./54252/2022allowed

Sudama Prasad v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54252 of 2022 Arising Out of PS. Case No.-40 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.

SUDAMA PRASAD S/O LATE RAMAWTAR GOP Resident of villageKhiru Bigha, P.S.- Nagar Naus, District- Nalanda. 2.

UPENDRA PRASAD S/O SUDAMA PRASAD Resident of village- Khiru Bigha, P.S.- Nagar Naus, District- Nalanda.

3.

DHARMENDRA KUMAR S/O SUDAMA PRASAD Resident of villageKhiru Bigha, P.S.- Nagar Naus, District- Nalanda. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mrs. Priyanka Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 342 & 504/34 of the Indian Penal Code.

The petitioners in association of other co-accused are said to have kidnapped and assaulted the son of the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.54252 of 2022(4) dt.30-01-2023 2/2 Petitioners have been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. 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 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Hilsa P.S. Case No.40 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T