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Patna High CourtCR. MISC./57122/2022allowed

Ramakant Pandey v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57122 of 2022 Arising Out of PS. Case No.-437 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

Ramakant Pandey Son Of Devnath Pandey R/O Village- Khirodharpur, P.S.- Bikramganj, District- Rohtas 2.

Shashikant Pandey Son Of Ramakant Pandey R/O Village- Khirodharpur, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. 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 submits

Patna High Court CR. MISC. No.57122 of 2022(4) dt.21-02-2023 2/3 that the petitioners are the own brother and cousin of the informant. He submits that the allegation of assault is also not proved and only there was some scuffle as petitioner side wanted to stop the harvesting the paddey. He further submits that petitioners have 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 and the fact that the injury found upon the victim is simple in nature, 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 Bikramganj P.S. Case No. 437 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

Patna High Court CR. MISC. No.57122 of 2022(4) dt.21-02-2023 3/3