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Patna High CourtCR. MISC./58777/2022allowed

Vinit Kumar v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58777 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- KISHUNPUR District- Supaul ====================================================== 1.

Vinit Kumar Son Of Jivachh Prasad Yadav R/O Village- Jhajha, P.S.- Kishanpur, District- Supaul 2.

Jivachh Prasad Yadav Son Of Late Sundar Yadav R/O Village- Jhajha, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 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.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 504, 34 of the Indian Penal Code.

Petitioners are said to have started construction on informant's land. On objection, petitioner no. 1 made a blow over the head of the informant by means of Dabiya due to which he fell down and blood started oozing. Petitioner no. 2 have also made blow over the informant by means of lathi. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.58777 of 2022(2) dt.03-01-2023 2/2 this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner no. 2 has two criminal antecedent and petitioner no. 1 has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

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 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 Kishanpur 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) devendra/- U T