Taleshwar Hemram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4647 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- BASANHI District- Saharsa ====================================================== 1.
Taleshwar Hemram Son of Mangal Hemram R/o Vill-Basnahi ward no. 2 PS- Basnahi Dist-Saharsa 2.
Hanjay Hemram @ Hanjo Hemram Son of Mangal Hemram R/o Basnahi ward no 2 ps Basnahi saharsa 3.
Rajo Hemram Son of Mangal Hemram R/o Basnahi ward no 2 ps Basnahi saharsa ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma, Adv.
For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 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, 329, 323, 324, 325, 307, 354, 315, 448, 450 of the Indian Penal Code.
3. Allegedly, 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 several injuries.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.4647 of 2024(2) dt.17-02-2024 2/3 that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are neighbours. There is case and counter case between the parties. Both sides have sustained injuries. It is further submitted that the injury report in the present case was called for from Sadar Hospital, Saharsa wherein it has been reported that no injured person in the present case was treated there, which is also evident from the impugned order. 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 case and counter case between the parties and both sides have sustained 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
Patna High Court CR. MISC. No.4647 of 2024(2) dt.17-02-2024 3/3 where the case is pending/successor Court in connection with Basnahi P.S. Case No. 13 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