Dhrup Das @ Dhruv Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79521 of 2023 Arising Out of PS. Case No.-222 Year-2014 Thana- RAXAUL District- East Champaran ====================================================== 1.

Dhrup Das @ Dhruv Das Son Of Late Shiv Dayal Das Resident Of Village - Mauje, Ward No.15, P.S. - Raxaul, District - East Champaran 2.

Biru Das Son Of Dhrup Das Resident Of Village - Mauje, Ward No.15, P.S. - Raxaul, District - East Champaran 3.

Vicky Kumar Son Of Pradeep Kumar Resident Of Village - Mauje, Ward No.15, P.S. - Raxaul, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr. Hemand Ray, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-01-2024 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 Raxaul P.S. Case No. 222 of 2014 dated 23.08.2014 registered for the offences punishable u/ss 341, 323, 324, 379 and 308 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have called the informant's

Patna High Court CR. MISC. No.79521 of 2023(2) dt.24-01-2024 2/3 brother and assaulted them. When the informant and his elder brother came to rescue, all the accused persons also assaulted them with lathi, stick, Fasul and Khukhari and they also snatched Rs. 8,000/- and golden chain.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to land dispute. Learned counsel has further submitted that as per Annexure- 3, both the parties have compromised the matter. Learned counsel has further submitted that injuries are simple in nature caused by hard and blunt substance. The petitioners have 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 injuries being simple in nature, 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, Motihari, East Champaran in connection with Raxaul P.S. Case No. 222 of 2014, subject to conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.79521 of 2023(2) dt.24-01-2024 3/3 Criminal Procedure.

8. This application stands allowed.

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