Jhulena Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.106 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.

JHULENA DAS S/o Late Bhola Das R/o Village- Balua, Birti Tola, P.S.- Paharpur, Distt- East Champaran.

2.

Yogendra Das S/o Late Bhola Das R/o Village- Balua, Birti Tola, P.S.- Paharpur, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 447, 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

There is allegation against the petitioner no.1 is that he has assaulted on the head of the informant by means of farsa and there is allegation against the petitioner no.2 is that he has given the order to assault the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.106 of 2023(2) dt.21-03-2023 2/2 case. He further submits that injuries found upon the victim are simple in nature which is clear from the impugned order itself. He submits that there is land dispute between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the fact that the injuries found upon the victim are simple in nature, 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 Paharpur P.S. Case No.328/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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