AT PATNA CRIMINAL MISCELLANEOUS No. 55493 of 2023 · Patna High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 324, 379, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Arising Out of PS. Case No.-230 Year-2021 Thana- BHORE District- Gopalganj ====================================================== SANT RAJ SINGH S/O RAMADHAR SINGH RESIDENT OF VILLAGE- KALYANPUR, P.S.- MIRGANJ, DISTRICT- GOPALGANJ RAMADHAR SINGH S/O LATE BHAGIRATHI SINGH RESIDENT OF VILLAGE- KALYANPUR, P.S.- MIRGANJ, DISTRICT- GOPALGANJ RAJ KUMAR @ RAJA @ RAJ SINGH SON OF SANTRAJ SINGH RESIDENT OF VILLAGE- KALYANPUR, P.S.- MIRGANJ, DISTRICT- GOPALGANJ THE STATE OF BIHAR Versus ... ... Petitioner/s ... ... Opposite Party/s ====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Adesh Raj, Adv. Mr.Akhileshwar Dayal, APP. 2 09-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 324, 307, 323, 379, 504 of the Indian Penal Code.
The allegation against the petitioners is that they along with other accused persons, having deadly weapons, surrounded the informant and started abusing him. Petitioner no.1 is said to have assaulted the informant with iron rod on his head causing head injury. Thereafter, all the accused persons assaulted the informant with deadly weapons. Co-accused Aryan Kumar took Patna High Court CR. MISC. No.55493 of 2023(2) dt.09-10-2023 Rs. 73,000/- from the pocket of the informant, whereas co- accused Aditya Kumar snatched his golden chain.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Both the parties are agnates. 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. There is admitted land dispute between the parties. There is case and counter case between the parties. The injury sustained by the informant is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and the injury sustained by the informant is found simple in nature, 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 Patna High Court CR. MISC. No.55493 of 2023(2) dt.09-10-2023 lower Court where the case is pending/successor Court in connection with Bhore P.S. Case No. 230 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. divyanshi/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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