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Patna High CourtCR. MISC./65085/2022allowed

Dhiraj Kumar @ Dheeraj Kumar v. The State Of Bihar

2023-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65085 of 2022 Arising Out of PS. Case No.-272 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Dhiraj Kumar @ Dheeraj Kumar Son Of Meghan Singh @ Meghan Prasad Singh R/O Vill.- Sanhauli, P.S.- Chitragupt Nagar, Distt.- Khagaria. 2.

Ashif Kumar @ Ashish Kumar @ Delha @ Dhela Kumar Son Of Chharpan Singh R/O Vill.- Sanhauli, P.S.- Chitragupt Nagar, Distt.- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard both sides.

The petitioners apprehend their arrest in connection with Khagaria (Chitragupt Nagar) P.S. Case No.272 of 2022, registered for the offences punishable under Sections 341, 307 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 01.04.2022 at about 8.30 p.m. the son of the informant was walking on the road. Meanwhile, four FIR named accused persons surrounded him and attacked with rod, lathi and katta. When informant and his family members reached at the spot, the accused persons fled away from there.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.65085 of 2022(2) dt.17-01-2023 2/2 petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and omnibus allegation against the petitioners. The injury sustained by the son of the informant was simple in nature. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the fact that the injury sustained by the son of the informant is simple in nature, let petitioners, above named, 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 bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S. Case No.272 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T