Dhiraj Kumar @ Dhiraj Singh @ Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62146 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== 1.

Dhiraj Kumar @ Dhiraj Singh @ Niraj Singh Son Of Sachita Singh @ Sachidanand Singh R/O Village - Mahsoni, P.S.- Halsi, District - Lakhisarai. 2.

Sachita Singh @ Sachidanand Singh Son Of Late Ramji Singh R/O Village - Mahsoni, P.S.- Halsi, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2022 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 448, 506/34 of the Indian Penal Code. Earlier prayer for bail of the petitioners was permitted to be withdrawn with a liberty to the petitioners to file a fresh anticipatory bail application before the learned court below. Learned counsel for the petitioners submits that the petitioners are innocent and has been falsely implicated in this case due to land dispute. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the informant is not eye witness to the alleged occurrence

Patna High Court CR. MISC. No.62146 of 2022(2) dt.23-11-2022 2/2 rather there is hearsay from his son who himself had fled away from his house. He submits that the primary injury report issued by PMC, Halsi shows that nature of injuries are simple caused by hard and blunt substance but in second injury report as per CT Scan, nature of injury is grievous. He further submits that the petitioners have no criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is land dispute in between the parties, 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 learned court below where the case is pending/successor court in connection with Halsi P.S. Case No. 234 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