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Patna High CourtCR. MISC./55339/2022allowed

Vivek Kumar v. The State Of Bihar

2023-01-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55339 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- BIKRAM District- Patna ====================================================== 1.

VIVEK KUMAR Son of Chunnu Singh @ Luvkush Sharma Resident of Village - Narayanpur, P.S.- Bikram, District - Patna. 2.

Luvkush Sharma @ Chunnu Singh Son of Ram Pravesh Singh @ Sitaram Singh Resident of Village - Narayanpur, P.S.- Bikram, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 379, 307, 504/34 IPC. As per the prosecution case, the F.I.R. named accused persons came armed with iron rod and khanti came at the door of informant and with intention to kill, gave blow on his head several times.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not

Patna High Court CR. MISC. No.55339 of 2022(3) dt.23-01-2023 2/2 specific rather general and omnibus in nature. The injuries are simple in nature, which is clear from the injury report enclosed in the case diary. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are 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 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 Bikram P.S. Case No.163 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T