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Patna High CourtCR. MISC./69758/2024allowed

Vijay Bhuiya @ Bijay Rikiyas v. The State Of Bihar

2024-10-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69758 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Vijay Bhuiya @ Bijay Rikiyas Son of Hulas Bhuiya Resident of VillageKajapa Tole -Bhuiya Bigha PS -Raniganj District -Aurangabad Bihar 2.

Sonwa Devi Wife of Vijay Bhuiya @ Bijay Rikiyas Resident of VillageKajapa Tole -Bhuiya Bigha PS -Raniganj District -Aurangabad Bihar 3.

Rubi Devi @ Ruby Kumari wife of Nanhai Bhuiya Resident of VillageKajapa Tole -Bhuiya Bigha PS -Raniganj District -Aurangabad Bihar 4.

Nanhai Bhuiya @ Nanehe Kumar Son of Sri Vijay Bhuiya @ Bijay Rikiyas Resident of Village- Kajapa Tole -Bhuiya Bigha PS -Raniganj District -Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Kant Mishra, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 325, 504, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioners are said to have assaulted the informant and her family members brutally by means of deadly weapons due to which they sustained several injuries.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.69758 of 2024(2) dt.17-10-2024 2/3 that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. It is further submitted that there is admitted land dispute between the parties. Both sides have filed cases against each other. Both sides have sustained injuries. The injuries sustained by the informant's side were found simple in nature, which is also evident from the impugned order. He further submits that the petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the injuries sustained by the informant's side i.e. simple, 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 Rafiganj

Patna High Court CR. MISC. No.69758 of 2024(2) dt.17-10-2024 3/3 P.S. Case No. 139 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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