PUNIT RAY v. The State of Bihar

Usha Devi Wife of Khelawan Ray Resident of Village- Bariyarpur, P.S.- Bheldi, District- Saran at Chapra. ... ... Petitioner/s The State of Bihar Versus ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Pramod Ban Bihari Singh, Adv. Mr.Jharkhandi Upadhyay, APP 2 29-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code. Allegedly, the petitioners along with others are said to Patna High Court CR. MISC. No.50904 of 2021(2) dt.29-04-2022 have assaulted the informant’s side indiscriminately.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties for the alleged occurrence, in which, both sides have sustained injuries and the injuries, as per the injury report, are simple in nature. There is an admitted land dispute between the parties and the parties are agnates. Petitioners have no criminal antecedent, as also mentioned in para-3 of this application. Learned APP for the State opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering that there is no specific allegation against the petitioners and both sides have sustained simple 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 Patna High Court CR. MISC. No.50904 of 2021(2) dt.29-04-2022 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bheldi P.S. Case No.135 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. pallavi/- U T (Anjani Kumar Sharan, J)