Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64461 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- TEKARI District- Gaya ====================================================== 1.

BHOLA SINGH S/o Late Sukhdev Singh R/o village- Lohanipur, P.S.- Tekari, District- Gaya 2.

Krishna Singh S/o Late Sukhdev Singh R/o village- Lohanipur, P.S.- Tekari, District- Gaya 3.

Pawan Kumar S/o Bhola Singh R/o village- Lohanipur, P.S.- Tekari, DistrictGaya 4.

Abhay Kumar S/o Bhola Singh R/o village- Lohanipur, P.S.- Tekari, DistrictGaya ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 308, 504 & 506/34 of the Indian Penal Code. While the petitioners were digging out a drain in order to smooth flow of the water and on protest all the

Patna High Court CR. MISC. No.64461 of 2021(3) dt.01-09-2022 2/2 petitioners started abusing and beating the informant and when his husband rushed in her rescue he was assaulted by an iron rod sustaining head injury.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to some land dispute of draining the water. The allegation levelled against the petitioners is not specific rather general and omnibus 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 Tekari P.S. Case No.60 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T