Petitioners apprehending arrest for alleged assault on informant with sword in a land-dispute case sought pre-arrest bail. Noting simple injuries and no criminal antecedent, the Court directed their enlargement on bail upon arrest or surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2640 of 2023
Arising Out of PS. Case No.-133 Year-2022 Thana- SIKTI District- Araria
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 21-04-2023
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 427, 379, 504, 506, 308 of the Indian Penal Code.
Petitioners are said to have assaulted the informant by means of sword as a result of which he sustained injury.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is
Patna High Court CR. MISC. No.2640 of 2023(3) dt.21-04-2023 2/2
simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
bail.
Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Sikty P.S. Case No. 133 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioners apprehending arrest in a case of assault with sword should be enlarged on anticipatory bail.
2 provisions across 2 enactments
Golu Roy @ Jyotish Roy @ Jyotish Kumar Roy
Bikki Roy
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
