Basanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72666 of 2023 Arising Out of PS. Case No.-246 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.
Basanti Devi W/O Arun Yadav Village- Chauriya, Ps. Mohanpur, Dist. Gaya (Bihar) 2.
Arun Yadav S/O Bhagat Yadav Village- Chauriya, Ps. Mohanpur, Dist. Gaya (Bihar) 3.
Vinay Yadav S/O Bhagat Yadav Village- Chauriya, Ps. Mohanpur, Dist. Gaya (Bihar) 4.
Bhagat Yadav S/O Niru Yadav Village- Chauriya, Ps. Mohanpur, Dist. Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 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, 323, 308, 379, 504/34 of the Indian Penal Code.
3. 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 levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties.
Patna High Court CR. MISC. No.72666 of 2023(2) dt.01-12-2023 2/2 The injury sustained by the victim is simple in nature. There is inordinate and abnormal delay of more than fifteen days in filing the complaint petition without assigning any plausible and convincing reason for the said delay. He further submits that petitioners have given benefit of Section 41(1) of the Cr.P.C. later on charge-sheet has been submitted against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
4. Learned APP for the State opposes the prayer for bail.
5. 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 Barachatti P.S. Case No. 246 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T