Raj Kumar Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70570 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- EAST COLONY District- Munger ====================================================== 1.

Raj Kumar Chaurasiya Son Of Late Vijay Kumar Mandal Resident Of Mungraura Near Gurabha School, P.O.- Jamalpur, P.S.- East Colony, District - Munger.

2.

Mithilesh Kumar Chaurasiya Son Of Late Vijay Kumar Mandal Resident Of Mungraura Near Gurabha School, P.O.- Jamalpur, P.S.- East Colony, District - Munger.

3.

Krishnadeo Chaurasiya @ Chikku Son Of Late Vijay Kumar Mandal Resident Of Mungraura Near Gurabha School, P.O.- Jamalpur, P.S.- East Colony, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Sinha For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code. As per prosecution case, the petitioners have assaulted the informant and her son when they were fixing bamboo in their land.

Learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against

Patna High Court CR. MISC. No.70570 of 2022(2) dt.28-02-2023 2/2 the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He further submits that the petitioners have assaulted the informant and her son, though, the injury was grievous in nature but it is not mentioned in the FIR which petitioners have assaulted the son of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case and the fact that there is case and counter case between the parties, 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 East Colony P.S. Case No.65 of 2022, subject to the condition as laid under Section 438 (2) of the Cr.P.C.

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