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Patna High CourtCR. MISC./58134/2022allowed

Jag Mohan Das @ Jag Mohan 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.58134 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.

JAG MOHAN DAS @ JAG MOHAN KUMAR S/O JATAN DAS @ JITAN DAS Resident of Village- Chhotka Balua (Dumari Gobind), P.S.- Patahi, District- East Champaran.

2.

ADUA KUMAR S/O SIGAL PASWAN Resident of Village- Chhotka Balua (Dumari Gobind), P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard the parties.

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

Allegedly, the petitioners surrounded the informant and abused him and it is alleged that the petitioner no.1 gave a knife blow on the neck of informant and petitioner no.2 assaulted the informant with iron rod.

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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in

Patna High Court CR. MISC. No.58134 of 2022(2) dt.03-01-2023 2/2 nature. He further submits that the medical officer had found the injuries to be simple in nature and no sharp cut injury has been found, this fact is also evident from the impugned order. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as 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 Patahi P.S. Case No.100 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T