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Patna High CourtCR. MISC./58367/2024bail granted

Sukhvir Ram @ Sukhvir Rajvanshi v. The State Of Bihar

2024-09-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58367 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- NARHATT District- Nawada ====================================================== 1.

Sukhvir Ram @ Sukhvir Rajvanshi S/o Ram Swarup Rajvanshi RESIDENT OF VILLAGE- GARO BIGHA, P.S.- NARHAT, DISTRICT- NAWADA 2.

Rajesh Rajvanshi S/o Chandeshwar Rajvanshi RESIDENT OF VILLAGEGARO BIGHA, P.S.- NARHAT, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Krishna Deo Raj, Advocate For the State :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 307 and 34 of the Indian Penal Code.

3. As per prosecution case, on 07.05.2023 at about 11 PM in the night, all the F.I.R. named accused persons, including these petitioners, armed with lathi, sword and iron rod, assaulted informant and his family members.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and has falsely been implicated in this case due to land dispute between the parties. Allegation of assault is general and omnibus. There

Patna High Court CR. MISC. No.58367 of 2024(2) dt.19-09-2024 2/2 is no specific accusation of overt act against these petitioners. It is further submitted that till date, doctor has not opined the nature of injuries sustained by the injured. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 Judicial Magistrate 1st Class, Nawada, in connection with Narhat P.S. Case No. 200 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T