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Patna High CourtCR. MISC./72475/2021allowed

Thakur Prabhakar @ Guddu Singh v. The State Of Bihar

2022-07-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72293 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

Thakur Vijay Singh Son Of Mithila Bihari Singh Resident Of Village - Sahargama, P.S.- Parihar, Distt.- Sitamarhi.

2.

Vinay Singh @ Thakur Vinay Singh Son Of Mithila Bihari Singh Resident Of Village - Sahargama, P.S.- Parihar, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72475 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- PARIHAR District- Sitamarhi ====================================================== Thakur Prabhakar @ Guddu Singh Son Of Mithila Bihari Singh Resident Of Village- Sahargama, P.S. Parihar, District- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72293 of 2021) For the Petitioner/s :

Mr.Divya Bharti For the Opposite Party/s :

Mr.Anand Kishore Choudhary (In CRIMINAL MISCELLANEOUS No. 72475 of 2021) For the Petitioner/s :

Mr.Divya Bharti For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.72293 of 2021(2) dt.25-07-2022 2/3 registered for the offence punishable under Sections 341, 323, 354A, 354B, 506/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that the occurrence took place on 21.05.2021 but the FIR was lodged on 25.05.2021. He submits that the father of the informant and father of the petitioners are gotias and there is land dispute between the parties. He further submits that in Cr. Misc. No. 72293 of 2021 petitioner no. 1 has three criminal antecedent and petitioner no. 2 has two criminal antecedent whereas petitioner in Cr. Misc. No. 72475 of 2021 has three 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 there is delay in lodging the FIR, 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

Patna High Court CR. MISC. No.72293 of 2021(2) dt.25-07-2022 3/3 learned court below where the case is pending/successor court in connection with Parihar P.S. Case No. 100 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