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Patna High CourtCR. MISC./71978/2023bail granted

Rohit Kumar v. The State Of Bihar

2023-11-07Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71978 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1.

ROHIT KUMAR LATE JAINARAYAN SAH Village- Siwaipatti PsSiwaipatti Dist- Muzaffarpur 2.

Rahul Kumar son of Late Jainarayan Sah Village- Siwaipatti Ps- Siwaipatti Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-11-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. Learned counsel for the petitioners is directed to correct the name of district of the petitioners in cause title in course of the day.

The petitioners apprehend their arrest in connection with Siwaipatti P.S. Case No. 58 of 2023 registered for the offences punishable under Sections-147, 148, 149, 341, 447, 448, 323, 324, 307, 380, 504, 506 of the Indian Penal Code. Allegedly, on the alleged date of occurrence, the petitioners along with others arrived at the door of the informant

Patna High Court CR. MISC. No.71978 of 2023(2) dt.07-11-2023 2/3 and started assaulting the informant and his wife. The coaccused inflicted knife blow to the informant as a result of which, he sustained injury.

Learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated in the present case. There is land dispute between the parties. As a matter of fact, the defence side has purchased a piece of land from agnates of the informant and due to that enmity, the present case has been lodged. The defence side has also lodged a case for the same offence.

Learned Additional Public Prosecutor opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate (East), Muzaffarpur in connection with Siwaipatti P.S. Case No. 58 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.

After accepting the bail bond of the petitioners, the

Patna High Court CR. MISC. No.71978 of 2023(2) dt.07-11-2023 3/3 learned court below shall verify the criminal antecedent of the petitioners.

(Nawneet Kumar Pandey, J) A.K.V.//- U T