Rameshwar Gareri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64494 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- SAHAR District- Bhojpur ====================================================== 1.

Rameshwar Gareri S/O Late Dhanesh Gareri R/O Village- Barahi, P.S.- Sahar, District- Bhojpur At Ara 2.

Dharmendra Gareri @ Dharmendra Pal S/O Rameshwar Gareri R/O VillageBarahi, P.S.- Sahar, District- Bhojpur At Ara 3.

Puja Devi W/O Dharmendra Gareri @ Dharmendra Pal R/O Village- Barahi, P.S.- Sahar, District- Bhojpur At Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Petitioners are said to have assaulted the informant by means of khanti and lathi on his head and hand as a result of which he received injury.

Patna High Court CR. MISC. No.64494 of 2021(4) dt.20-09-2022 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is no specific allegation against the petitioners. He submits that there are general and omnibus allegations against the petitioner nos. 1 and 2 in the FIR. The allegation against the petitioner no. 3 is ornamental with intention to add Section 379 of the Indian Penal Code. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Vide order dated 18.08.2022, case diary including injury report was called for.

From perusal of the office notes, it appears that the case diary has been received but injury report has not been received as yet.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.64494 of 2021(4) dt.20-09-2022 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sahar P.S. Case No. 292 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T