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Patna High CourtCR. MISC./71950/2022allowed

Bideshwar Kamati @ Bideshar Kamati @ Bideshwar Mahto v. The State Of Bihar

2023-03-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71950 of 2022 Arising Out of PS. Case No.-5 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

BIDESHWAR KAMATI @ BIDESHAR KAMATI @ BIDESHWAR MAHTO Son of Late Devkrishan Kamati Resident of Village- Belarahi, P.S.- Jhanjharpur, District- Madhubani 2.

BISHWANATH CHAUDHARY @ VISHWANATH CHAUDHARY @ BISHWANATH KAMATI Son of Bideshwar Kamati @ Bideshar Kamati @ Bideshwar Mahto Resident of Village- Belarahi, P.S.- Jhanjharpur, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 307, 448, 354B, 379, 504 and 506 of the Indian Penal Code pending in the learned court below.

As per the FIR, there is specific allegation against the petitioners to assault the informant and his family members. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus

Patna High Court CR. MISC. No.71950 of 2022(2) dt.17-03-2023 2/2 allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that the injuries found upon the victim is simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Jhanjharpur P.S. Case No.05 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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