Kewal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73042 of 2023 Arising Out of PS. Case No.-549 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
KEWAL DEVI W/O LATE LALAN SINGH VILLAGE- KATIRA NEAR VINAYAK PETROL PUMP, PS. ARA NAWADA, DIST. BHOJPUR 2.
SHANI KUMAR @ AJIT KUMAR S/O LATE LALAN SINGH VILLAGEKATIRA NEAR VINAYAK PETROL PUMP, PS. ARA NAWADA, DIST. BHOJPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the State :
Mr. Ram Priya Sharan Singh, A.P.P.
For the Informant :
Mr. Gajendra Kr. Singh, Advocate Mr. Udit Nr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 379, 427, 506/34 of the Indian Penal Code.
3. As per prosecution case, on 29.07.2023 at about 7 AM, when the informant came to his shop, these petitioners along with other F.I.R. named accused persons assaulted him and they also snatched money and other valuable items from his possession.
4. It is submitted on behalf of the petitioners that petitioner No. 1 is a 66 years old land lady of the shop of the
Patna High Court CR. MISC. No.73042 of 2023(2) dt.09-11-2023 2/2 informant and in order to occupy the shop in question this false and concocted case has been lodged against the petitioners. Informant is tenant of petitioner No. 1. He further submits that informant has not vacated the shop in question even after lapse of lease period and for which Eviction Suit No. 2 of 2013 is pending in the court below. Petitioners have got clean antecedent.
5. Learned counsel for the informant vehemently opposes the bail application.
6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P. S. Case No. 549 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T