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Patna High CourtCR. MISC./75126/2022partly allowed disposal

Rajiv Kumar v. The State Of Bihar

2023-04-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75126 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- MAIN P.S. District- Gaya ====================================================== 1.

Rajiv Kumar S/O Naresh Yadav @ Ram Naresh Yadav Resident Of VillageAdhatpur, P.S.- Main, District- Gaya. 2.

Santosh Kumar @ Santosh Yadav S/O Naresh Yadav @ Ram Naresh Yadav Resident Of Village- Adhatpur, P.S.- Main, District- Gaya. 3.

Ragho Yadav S/O Somar Yadav Resident Of Village- Adhatpur, P.S.- Main, District- Gaya.

4.

Sunita Devi W/O Dharmendra Kumar @ Lalu Yadav Resident Of VillageAdhatpur, P.S.- Main, District- Gaya. 5.

Sonu Kumar @ Sonu Kumar Yadav S/O Ram Ishwar Yadav @ Rameshwar Yadav Resident Of Village- Adhatpur, P.S.- Main, District- Gaya. 6.

Lalendra Yadav S/O Ragho Yadav Resident Of Village- Adhatpur, P.S.- Main, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code. After some argument, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 6.

Permission is granted.

Patna High Court CR. MISC. No.75126 of 2022(2) dt.05-04-2023 2/3 Accordingly, this application with regard to petitioner no. 6 is dismissed as withdrawn.

Petitioners are said to have assaulted the informant and his son by means of lathi, danda and gandasa. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent except petitioner nos. 1 and 6 as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Main P.S. Case No. 39 of 2022, subject to

Patna High Court CR. MISC. No.75126 of 2022(2) dt.05-04-2023 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T