Janardan Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73072 of 2023 Arising Out of PS. Case No.-268 Year-2023 Thana- PALIGANJ District- Patna ====================================================== 1.
JANARDAN SAW son of Late Somaru Saw Village- Mahabalipur Bazar PsPaliganj Dist- Patna 2.
Raju Kumar @ Raju Saw son of Sri Janardan Saw Village- Mahabalipur Bazar Ps- Paliganj Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in a case in connection with Paliganj P.S. Case No. 268 of 2023 dated 20.05.2023 registered for the offences punishable u/ss 341, 323, 307, 504 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioners and the co-accused persons holding lathi, danda and iron rod abused and
Patna High Court CR. MISC. No.73072 of 2023(2) dt.23-11-2023 2/3 assaulted the informant and Chandan Kumar with intention to kill, causing head injuries to them.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to land dispute. There is case and counter case between the parties. Learned counsel has further submitted that both parties sustained injuries. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Danapur in connection with Paliganj P.S. Case No. 268 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition/s:- (i) The petitioners are directed to remain physically
Patna High Court CR. MISC. No.73072 of 2023(2) dt.23-11-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
8. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T