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Patna High CourtCR. MISC./59686/2022allowed

Ram Bharos Kumar @ Ram Bharosh Kumar v. The State Of Bihar

2023-02-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59686 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

RAM BHAROS KUMAR @ RAM BHAROSH KUMAR S/O RAM PUKAR SAHANI Resident of Village- Kumhrar, P.S.- Tariyani, DistrictSheohar. 2.

MANOJ KUMAR S/O RAM PUKAR SAHANI Resident of VillageKumhrar, P.S.- Tariyani, District- Sheohar. 3.

AWADHESH KUMAR S/O VINOD SAHNI Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar.

4.

SANTOSH KUMAR S/O VINOD SAHNI Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar.

5.

PAPPU KUMAR S/O VINOD SAHNI Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar.

6.

ASHOK KUMAR S/O VINOD SAHNI Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar.

7.

MUKESH KUMAR @ MUKESH SAHNI S/O RAJENDRA SAHNI Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar. 8.

SHIV SAHNI S/O RAJENDRA SAHNI Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nasim Yahya, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 379,

Patna High Court CR. MISC. No.59686 of 2022(3) dt.21-02-2023 2/3 307, 504/34 of the Indian Penal Code.

Allegedly, all the accused persons came to the informant and started abusing her. They assaulted her and her family members with lathi-danda, rod and other weapons. Petitioner no.8 is said to have taken 24,000/- cash and some ornaments. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Both sides have filed cases against each other. Both the parties have sustained injuries. The injury sustained by the victim is simple in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the injury sustained by the victim is simple in nature, 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

Patna High Court CR. MISC. No.59686 of 2022(3) dt.21-02-2023 3/3 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 Tariyani Chhapra P.S. Case No. 27 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T