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Patna High CourtCR. MISC./70618/2021bail granted

Keshav Ojha v. The State Of Bihar

2022-08-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70618 of 2021 Arising Out of PS. Case No.-252 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== 1.

KESHAV OJHA Son of Shyam Narain Ojha Resident of Village - Mishrauliya, P.s.- Vaishali (Belsar O.P.), Distt.- Vaishali. 2.

Vikash Kumar Son of Late Niranjan Ojha Resident of Village - Mishrauliya, P.s.- Vaishali (Belsar O.P.), Distt.- Vaishali. 3.

Shyam Narain Ojha Son of Late Bharat Ojha Resident of Village - Mishrauliya, P.s.- Vaishali (Belsar O.P.), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 427, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the present occurrence took place on account of land dispute as the informant and the petitioners are related.

Learned counsel for the petitioners submits that no doubt the allegation on petitioner no.1 is that he assaulted the

Patna High Court CR. MISC. No.70618 of 2021(3) dt.01-08-2022 2/3 informant with an iron rod causing injury on the head which is grievous in nature but as far as petitioner nos. 2 and 3 are concerned, allegations against them are general and omnibus in nature. Learned counsel submits that injuries were suffered from both sides and there is a case and counter case and Vaishali (Belsar O.P.) P.S Case No. 251 of 2021 was instituted from the side of the petitioner. Learned counsel further submits that since informant and petitioners are related, hence on intervention of well-wishers, the matter has been compromised and they don't want to pursue the case as would be evident from Annexure-3 to the anticipatory bail application.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Vaishali (Belsar O.P.) P.S. Case No. 252 of 2021 subject to the conditions as laid

Patna High Court CR. MISC. No.70618 of 2021(3) dt.01-08-2022 3/3 down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T