Lallan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4820 of 2020 Arising Out of PS. Case No.-199 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Lallan Sah Son of Kawal Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

2.

Dadan Sah Son of Kawal Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

3.

Akhilesh Sah Son of Nathu Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

4.

Krishna Sah Son of Rigan Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

5.

Birendra Sah Son of Late Bigan Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

6.

Raju Kumar Son of Late Bigan Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

7.

Chandan Kumar @ Chandan Sah Son of Tapeshwar Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran. 8.

Madan Sah @ Mandan Kumar @ Madan Kumar @ Mandan Sah Son of Tapeshwar Sah Resident of Village - Barwa, Baridih, P.S. - Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504,506, 307 and 379/34 of the Indian Penal Code. The prosecution case as per the Bijli Sah submitted to

Patna High Court CR. MISC. No.4820 of 2020(2) dt.29-02-2020 2/3 that Station House Officer of Sangrampur Police Station is to the effect that altogether 16 accused persons came and assaulted the informant and his family members.

It is submitted by learned counsel for the petitioners that the petitioners are next door neighbour of the informant and general and omnibus accusation has been levelled against the petitioners. The injuries of all the injured have been found simple in nature and a statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Moreover, on conclusion of investigation, police has submitted charge sheet under Sections 341, 323, 308 and 504/34 of the Indian Penal Code only against the petitioners and there is a counter version of the occurrence being Sangrampur P.S. Case No. 200 of 2018 lodged by the petitioners' side against the informant. Learned APP submits that the petitioners are named in the FIR and now charge sheeted.

Considering the omnibus and general accusation against all the accused persons and the fact that there is counter version of the occurrence filed by the petitioners' side against the informant, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the

Patna High Court CR. MISC. No.4820 of 2020(2) dt.29-02-2020 3/3 learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-14, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 199 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T