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Patna High CourtCR. MISC./79374/2023allowed

Jitendra Das @ Jitendar Kumar v. The State Of Bihar

2023-12-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79374 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

Jitendra Das @ Jitendar Kumar Son Of Mishri Das Resident Of Village-Lala Chapra, P.S.- Kesariya, District-East Champaran 2.

Pankaj Das @ Pankaj Kumar Son Of Suresh Das Resident Of Village-Lala Chapra, P.S.- Kesariya, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 326, 307, 354, 307, 379, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with others are said to have assaulted the informant and his family members with the weapons and also tried to outrage her modesty.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus

Patna High Court CR. MISC. No.79374 of 2023(2) dt.14-12-2023 2/2 allegation against the petitioners. He submits that there is case and counter case between the parties. He further submits that there is no specific overt act against the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kesariya P.S. Case No.155 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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