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Patna High CourtCR. MISC./68525/2023allowed

Shankar Rawat v. The State Of Bihar

2024-02-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68525 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- JHAJHA District- Jamui ====================================================== 1.

Shankar Rawat Son Of Late Jato Rawat, Resident Of Village - Dhamna, P.S. - Jhajha, District- Jamui.

2.

Sanjay Rawat @ Sanjay Kumar Rawat, Son Of Shankar Rawat, Resident Of Village - Dhamna, P.S. - Jhajha, District- Jamui. 3.

Gorelal Rawat @ Gorelal Kumar Son Of Gautam Rawat, Resident Of Village - Dhamna, P.S. - Jhajha, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the State :

Mr. Nawal Kishore Prasad For the Informant :

Mr. Rana Vikram Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 447, 427, 337, 504, 506 of the Indian Penal Code.

3. Petitioners are said to have assaulted the informant and his brother as a result of which they sustained severe injury.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that a title suit is also pending between the parties which is lodged by the father of the informant against the family member of the

Patna High Court CR. MISC. No.68525 of 2023(3) dt.29-02-2024 2/2 petitioners. He further submits that bother of the informant has sustained grievous injury, but there is general and omnibus allegation against the petitioner that he has assaulted the brother of the informant. Petitioners no. 1 and 2 have no criminal antecedent and petitioner no. 3 has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, 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 learned lower Court where the case is pending/successor Court in connection with Jhajha P.S. Case No.318 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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