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Patna High CourtCR. MISC./72156/2021bail granted

Jitendra Saw @ Jitendra Sao @ Jitendra Sah v. The State Of Bihar

2022-06-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72156 of 2021 Arising Out of PS. Case No.-465 Year-2021 Thana- KADAMKUAN District- Patna ====================================================== 1.

Jitendra Saw @ Jitendra Sao @ Jitendra Sah Son of Late Ram Das Sao Resident of Village- Near Sapt Devi Asthan Pragati Nagar, P.S- Danapur, Dist- Patna.

2.

Janardhan Sao Son of Awadhi Sao, 3.

Kanhaiya Kumar Son of Ashok Sao @ Ashok Kr. Gupta Both resident of Village- Kadamkuan (VEGETABLE Sellers), P.SKadamkuan, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341/ 323 /354/ 379/ 506/34 of the Indian Penal Code.

As per prosecution case, the petitioner and co-accused persons are alleged to have assaulted the father of the informant severely and the main allegation is against co-accused, namely, Deepak Prasad Sao @ Khalnaik, who assaulted the informant and her

Patna High Court CR. MISC. No.72156 of 2021(2) dt.15-06-2022 2/2 sister.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged in the FIR and have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners and the petitioners have no criminal antecedent as stated at para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail petition.

The impugned order suggests that fracture present of right temporal wound was found on the person of injured, Khushbu Devi. In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Agamkuan P.S. Case No. 465/2021, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. amitkumar/- (Chandra Prakash Singh, J) U T