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Patna High CourtCR. MISC./72225/2023allowed

Vijay Rai v. The State Of Bihar

2023-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72225 of 2023 Arising Out of PS. Case No.-187 Year-2021 Thana- DERNI BAZAR District- Saran ====================================================== 1.

VIJAY RAI son of Diwali Rai Village- Khajauli Ps- Derni Dist- Saran 2.

Anil Rai son of Chandrika Rai Village- Khajauli Ps- Derni Dist- Saran 3.

Ashok Rai @ Ashok Kumar Ray son of Shiv Rai Village- Khajauli Ps- Derni Dist- Saran 4.

Chandrika Rai son of Vijay rai Village- Khajauli Ps- Derni Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 3074, 427, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioners along with other co-accused persons assaulted the informant's side by means of deadly weapons as a result of which they sustained injuries.

4. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.72225 of 2023(2) dt.29-11-2023 2/2 general and omnibus in nature. There is a case and counter case between the parties and both sides have sustained injuries. He further submits that one injury is of grievous nature but the petitioners are not the authors of the said injury. The nature of injury attributed towards the petitioners is simple in nature. Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as the injuries are of simple 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 learned court below where the case is pending/Successor Court in connection with Derni P.S. Case No.187 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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