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Patna High CourtCR. MISC./66146/2022allowed

Pramod Das v. The State Of Bihar

2023-02-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66146 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

PRAMOD DAS Son of Suryadev Das R/V- Semra, P.S- Chiraiya, Dist- East Champaran 2.

Ramodh Das @ Ramod Kumar Son of Suryadev Das R/V- Semra, P.SChiraiya, Dist- East Champaran 3.

Amodh Das @ Amod Kumar Son of Suryadev Das R/V- Semra, P.SChiraiya, Dist- East Champaran 4.

Manoj Das Son of Pundev Das R/V- Semra, P.S- Chiraiya, Dist- East Champaran 5.

Sanoj Das @ Sanoj Kumar Son of Pundev Das R/V- Semra, P.S- Chiraiya, Dist- East Champaran 6.

Suryadev Das Son of Late Janki Das R/V- Semra, P.S- Chiraiya, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAMODH DAS @ RAMOD KUMAR SURYADEV DAS SEMRA 3.

AMODH DAS @ AMOD KUMAR SURYADEV DAS SEMRA 4.

MANOJ DAS PUNDEV DAS SEMRA 5.

SANOJ DAS @ SANOJ KUMAR PUNDEV DAS SEMRA 6.

SURYADEV DAS LATE JANKI DAS SEMRA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 308, 354B,

Patna High Court CR. MISC. No.66146 of 2022(2) dt.25-02-2023 2/3 379, 504, 506/34 of the IPC.

As per the prosecution case, the F.I.R. named accused persons came armed variously to the house of informant and assaulted her and her family members.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. The injuries are simple in nature, which is clear from the impugned order itself. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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.66146 of 2022(2) dt.25-02-2023 3/3 learned court below where the case is pending/Successor Court in connection with Chiraiya P.S. Case No.385 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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