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Patna High CourtCR. MISC./81610/2023allowed

Vrindavan Rai v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81610 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- SIMRI District- Buxar ====================================================== 1.

Vrindavan Rai S/O Bharat Rai Village Jalalpur (Akauna) P.S Simri District Buxar 2.

Vishal Rai @ Thakurji Rai @ Thakur Rai S/O Vindavan Rai Village Jalalpur (Akauna) P.S Simri District Buxar 3.

Vishwanath Rai S/O Late Santosh Rai Village Jalalpur (Akauna) P.S Simri District Buxar 4.

Bharat Rai S/O Gangadhari Rai Village Jalalpur (Akauna) P.S Simri District Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504 and 307/34 of the Indian Penal Code.

3. As per the F.I.R., the allegation against the petitioners along with other accused persons have assaulted the informant by means of iron rod, brick, rivolver and knife. It is further alleged that the injury of the informant is found grievous in nature.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He

Patna High Court CR. MISC. No.81610 of 2023(2) dt.21-12-2023 2/2 further submits that both parties have sustained grievous injuries. There is admitted land dispute between the parties. Both sides have filed cases against each other. Thereafter, a compromise petition has been filed between the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail of the petitioners.

6. Having regard to the facts and circumstances of the case, considering both parties have sustained grievous 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) 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 Simari P.S. Case No. 273 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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