Arjun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73843 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Arjun Das S/O Late Kamal Das R/O Village- Pidari (PIRARI), P.SBahadurpur (FEKLA O.P.), Distt.- Darbhanga. 2.

Saroj Kumar Das @ Raja Das S/O Sri Arjun Das R/O Village- Pidari (PIRARI), P.S- Bahadurpur (FEKLA O.P.), Distt.- Darbhanga. 3.

Sonu Das @ Gautam Das @ Sonu Kumar Das S/O Sri Arjun Das R/O Village- Pidari (PIRARI), P.S- Bahadurpur (FEKLA O.P.), Distt.- Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 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 Bahadurpur (Fekla O.P.) P.S. Case No. 277 of 2023 corresponding to G.R. No. 1673 of 2023 dated 28.05.2023 registered for the offences punishable u/ss 341, 323, 448, 354B, 504 and 506 read with section 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.73843 of 2023(2) dt.06-12-2023 2/3

4. As per the prosecution case, the petitioners are alleged to have abused and assaulted the informant due to land dispute. It is further alleged that the petitioner no. 1 assaulted the informant with lathi causing injury on her left hand and the petitioner no. 3 also assaulted and molested the informant.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel has further submitted that there is no injury mentioned in the impugned order. Learned counsel has submitted that there is land dispute between the parties. The petitioner no. 2 and 3 are accused in one more criminal case whereas the petitioner no. 1 has 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 nature of allegation against the petitioners, 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, Darbhanga

Patna High Court CR. MISC. No.73843 of 2023(2) dt.06-12-2023 3/3 in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 277 of 2023 corresponding to G.R. No. 1673 of 2023 , subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T