Brajesh Singh @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76943 of 2023 Arising Out of PS. Case No.-264 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

BRAJESH SINGH @ BRAJESH KUMAR S/O ASHOK SINGH R/O VILLAGE- BARHARA, P.S- CHAUTHAM, DISTT.- KHAGARIA. 2.

SANTOSH SINGH S/O LATE BINDESHWARI SINGH R/O VILLAGEBARHARA, P.S- CHAUTHAM, DISTT.- KHAGARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 323, 354, 307, 324, 384, 504 of the Indian Penal Code and Section 3⁄4 of Witch Practice Act.

3. Allegedly, the petitioners and other co-accused persons went to the house of the informant and assaulted the informant's side by means of several weapons and also called the informant Dian.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.76943 of 2023(2) dt.06-12-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries are simple in nature. There is also an admitted land dispute between the parties. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, 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 court below where the case is pending/Successor Court in connection with Chautham P.S. Case No.264 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T