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Patna High CourtCR. MISC./60521/2022bail granted

Pawan Kumar v. The State Of Bihar

2023-03-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60521 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

PAWAN KUMAR Son of Gupteshwar Yadav Resident of Village - Chaukana, P.S. - Aurangabad Mufassil, District - Aurangabad (Bihar) 2.

Pappu Kumar Son of Kunj Bihari Yadav Resident of Village - Chaukana, P.S. - Aurangabad Mufassil, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Leelawati Kumari, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Aurangabad Mufassil P.S. Case No.54 of 2022 registered under Sections 341, 323, 354B, 452, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to land dispute. She further submits that prior to filing of the present case, the uncle of petitioner no.1 filed a criminal case being Aurangabad Mufassil P.S. Case No.132 of 2021 against the informant's side vide Annexure to the

Patna High Court CR. MISC. No.60521 of 2022(4) dt.21-03-2023 2/2 supplementary affidavit. In retaliation, Aurangabad Mufassil P.S. Case No.133 of 2021 was filed against petitioner no.1 and his family members vide Annexure 3. The uncle of petitioner no.1 also filed an application before the District Collector, Aurangabad regarding land dispute as is evident from Annexure 4 to the supplementary affidavit.

Having considered the above facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Exclusive Judge (POCSO), Aurangabad (Bihar) in connection with Aurangabad Mufassil P.S. Case No.54 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Harish/- (Arvind Srivastava, J) U T