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Patna High CourtCR. MISC./57129/2022allowed

Kiran Bharti @ Loha Singh @ Kiran Bhartee v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57129 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== 1.

KIRAN BHARTI @ LOHA SINGH @ KIRAN BHARTEE S/o Rajesh Singh @ Kailu Singh Resident of village- Pansalba, P.S.- Beldur, DistrictKhagaria 2.

VIJAY SINGH @ VIJAY KUMAR SINGH S/o Janardan Singh Resident of village- Pansalba, P.S.- Beldur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 341, 323, 307, 324, 379, 504, 34 of IPC. Allegedly, on account of some altercation, the accused persons named in F.I.R. including the petitioners threatened and assaulted the informant and his family members with lathi, danda and iron rod. They also snatched mobile and golden chain and earring of her mother.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.57129 of 2022(2) dt.20-12-2022 2/3 They have been falsely implicated in this case due to village politics. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that she-goat was dashed by unknown vehicle and informant has suspicion that she-goat was dashed by petitioner no.1's vehicle, due to that some hot exchange of words taken place due to that petitioners were roped in the instant case. There are vague, general and omnibus allegations against the petitioners. Though the allegation against petitioners is of assaulting the informant by different means but as per the injury report, the injuries are simple in nature. He further submits that the informant stated before I.O. that he was not treated at Sadar Hospital Khagaria because he was well. 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

Patna High Court CR. MISC. No.57129 of 2022(2) dt.20-12-2022 3/3 Beldaur P.S. Case No.223 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T