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Patna High CourtCR. MISC./3942/2024allowed

Ashok Kumar v. The State Of Bihar

2024-03-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3942 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- ANTI District- Gaya ====================================================== 1.

ASHOK KUMAR SON OF RAM PRAVESH YADAV RESIDENT OF VILLAGE - FATEHPUR, P.S. - AATI, DISTRICT - GAYA (BIHAR) 2.

DEEPAK KUMAR SON OF RAM PRAVESH YADAV RESIDENT OF VILLAGE - FATEHPUR, P.S. - AATI, DISTRICT - GAYA (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 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 147, 148, 149, 323, 324, 325, 337, 338, 341, 307, 504, 506 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons including the petitioners are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.3942 of 2024(3) dt.21-03-2024 2/2 Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are agnates and there is admitted land dispute between them. There is case and counter case between the parties. Both sides have sustained grievous injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and both sides 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) 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 Aati P.S. Case No. 14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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