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Patna High CourtCR. MISC./84244/2023allowed

Dharmendra Saw @ Dharmendra Kumar Swarnkar v. The State Of Bihar

2024-01-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84244 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.

Dharmendra Saw @ Dharmendra Kumar Swarnkar Son Of Ganauri Saw R/O Village- Khajuri, P.S.- Konch, Dist.- Gaya 2.

Ravindra Saw Son Of Ganauri Saw R/O Village- Khajuri, P.S.- Konch, Dist.- Gaya 3.

Pramod Saw @ Pramod Kumar Son Of Ganauri Saw R/O Village- Khajuri, P.S.- Konch, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case in connection with Konch P.S. Case No. 235 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioners along with other co-accused are of assaulting the informant and his family members with lathi, danda and iron rod.

4. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present

Patna High Court CR. MISC. No.84244 of 2023(2) dt.11-01-2024 2/2 case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. There is no specific allegation against the petitioners rather there is general and omnibus allegation against the petitioners. Both the parties are neighbours and there is land dispute between the parties and injury was found to be simple in nature.

5. Learned APP for the State has opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case and also nature of injury, let the above named petitioners, be released on bail, in the event of their arrest, 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 learned Court below where the case is pending/ successor Court in connection with Konch P.S. Case No. 235 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T