Brajesh Kumar @ Brajesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81606 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- NAYAGAON District- Begusarai ====================================================== 1.

BRAJESH KUMAR @ BRAJESH DAS Son of Ram Khelawan Das @ Ramkhelaban Das R/o vill - Dariyapur ward no. 05, P.S. - Nayagaon, Distt. - Begusarai 2.

Suman Devi @ Suman Kumari W/o Brajesh Kumar @ Brajesh Das R/o vill - Dariyapur ward no. 05, P.S. - Nayagaon, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 323, 324, 325, 326, 380, 384, 307, 354(B) of the IPC.

3.

Allegedly, the F.I.R. named accused persons including the petitioners are said to have indiscriminately assaulted the informant's side by means of various deadly weapons. 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 due to ulterior motive. No such occurrence, in the manner as alleged has ever

Patna High Court CR. MISC. No.81606 of 2023(2) dt.21-12-2023 2/2 taken place. It is submitted that police after investigation has filed final form but the learned Court below differing with the same, took cognizance against the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

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 court below where the case is pending/Successor Court in connection with Nayagaon (Nayagoan) P.S. Case No.40 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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