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Patna High CourtCR. MISC./72084/2023allowed

Sanjeev Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72084 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- DHANARUA District- Patna ====================================================== 1.

Sanjeev Kumar Son of Late Ganauri Paswan R/o Awadheshpur, Chakjullah, P.s. - Dhanarua, Distt - Patna 2.

Santosh Paswan Son of Late Ganauri Paswan R/o Awadheshpur, Chakjullah, P.s. - Dhanarua, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 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, 342, 323, 307, 379 and 147 of the Indian Penal Code.

3. Informant alleged that petitioners along with other coaccused entered into her house and assaulted her with intention to kill and also stole jewelry worth Rs. 30,000/- and valuable papers.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation

Patna High Court CR. MISC. No.72084 of 2023(2) dt.29-11-2023 2/2 levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that it is a case and counter case between the parties and both sides have substantive injuries and injury is found simple in nature from annexure 4 of the bail petition. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, 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 Dhanarua P.S. Case No. 255 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T