Uma Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63763 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

Uma Chaupal Son Of Laxmi Chaupal Resident Of Village- Aasi, P.S.- Ghanshyampur, District- Darbhanga 2.

Ram Bilash Chaupal Son Of Laxmi Chaupal Resident Of Village- Aasi, P.S.- Ghanshyampur, District- Darbhanga 3.

Hari Chaupal @ Hari Lal Chaupal Son Of Laxmi Chaupal Resident Of Village- Aasi, P.S.- Ghanshyampur, District- Darbhanga 4.

Binod Chaupal Son Of Laxmi Chaupal Resident Of Village- Aasi, P.S.- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Learned counsel for the petitioners submits that the petitioner nos. 1 and 3 have been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner nos. 1 and 3.

Permission is granted.

Accordingly, this application with regard to petitioner nos. 1 and 3 is dismissed as withdrawn.

Heard learned counsel for the parties for consideration of bail with regard to rest of the petitioners. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 324, 307, 354, 385, 379, 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.63763 of 2022(2) dt.16-01-2023 2/2 this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no 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, 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 Ghanshyampur P.S. Case No. 139 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T