Deep Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74750 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- ALOULI District- Khagaria ====================================================== 1.

DEEP NARAYAN SINGH SON OF LATE RAMCHARAN SINGH R/O VILL.- UKHRAURA, P.S.- ALAULI, DISTT.- KHAGARIA 2.

KIRANDEO KUMAR @ KIRANDEV KUMAR SON OF DEEP NARAYAN SINGH R/O VILL.- UKHRAURA, P.S.- ALAULI, DISTT.- KHAGARIA 3.

BASHISHTHA KUMAR SON OF DEEP NARAYAN SINGH R/O VILL.- UKHRAURA, P.S.- ALAULI, DISTT.- KHAGARIA 4.

NITISH KUMAR SON OF DEEP NARAYAN SINGH R/O VILL.- UKHRAURA, P.S.- ALAULI, DISTT.- KHAGARIA 5.

VIJAY KUMAR VISHAL @ RISHI KUMAR SON OF DEEP NARAYAN SINGH R/O VILL.- UKHRAURA, P.S.- ALAULI, DISTT.- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 427, 308, 506 of the Indian Penal Code.

Allegedly, the petitioners along with accused persons, are said to have assaulted the informant side.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.74750 of 2022(2) dt.28-03-2023 2/3 Both the parties are agnates. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The entire prosecution story is false, fabricated and concocted. There is case and counter case between the parties. The present case is counter blast of Alauli P.S. Case No. 266 of 2021, lodged by petitioner no.3 against the informant and others. It is further submitted that the petitioners enjoy the benefit of Section 41(i) of Cr.P.C. The injury sustained by the informant side is simple in nature, which is also clear from the injury report. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the Stated opposed the prayer for bail. Having regard to the facts and circumstances of the case, as both the parties sustained simple injuries, 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 lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.74750 of 2022(2) dt.28-03-2023 3/3 connection with Alauli P.S. Case No.224 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T