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Patna High CourtCR. MISC./912/2023allowed

Rajesh Kumar Singh @ Rajesh Kumar v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.912 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- ISUAPUR District- Saran ====================================================== 1.

Rajesh Kumar Singh @ Rajesh Kumar S/O Sri Ramlakhan Singh R/VSalempur, P.S.- Ishuapur, District- Saran At Chapra 2.

Ramesh Kumar Singh S/O Sri Ramlakhan Singh R/V- Salempur, P.S.- Ishuapur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udai Shankar Singh For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 307, 379, 504 of the Indian Penal Code. As per prosecution case, allegation against the petitioners is that they along with other co-accused persons assaulted one Ashutosh Kumar, who tried to save the informant, with knife causing injuries on thigh, abdomen and arm. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.912 of 2023(2) dt.23-03-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained grievous injury this fact is not denied by learned counsel for the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant oppose prayer for anticipatory bail. Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties, 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 connection with Isuapur P.S. Case No.129 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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