Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4031 of 2023 Arising Out of PS. Case No.-166 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

JITENDRA SAH S/o Bipin Sah Resident Of Village Bela, P.S.- Ramgarhwa, Distt- East Champaran.

2.

Bali Kumar S/o Bhushan Sah Resident Of Village Bela, P.S.- Ramgarhwa, Distt- East Champaran.

3.

Ravi Kumar S/o Bhushan Sah Resident Of Village Bela, P.S.- Ramgarhwa, Distt- East Champaran.

4.

Shiv Sah S/o Sunil Sah Resident Of Village Bela, P.S.- Ramgarhwa, DisttEast Champaran. 5.

Jai Prakash Kumar S/o Bhushan Sah Resident Of Village Bela, P.S.- Ramgarhwa, Distt- East Champaran.

6.

Rahul Kumar S/o Shiv Pujan Sah Resident Of Village Bela, P.S.- Ramgarhwa, Distt- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Md. Aslam Ansari, Advocate For the State :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Ramgarhwa P.S. Case No.166 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 354, 354(b), 427, 447, 380, 504 and 506 of the Indian Penal Code. The petitioner alongwith other co-accused persons forcibly entered into the house of the informant with lathi,

Patna High Court CR. MISC. No.4031 of 2023(2) dt.04-05-2023 2/3 bhala, garasa and sword and assaulted the informant. The accused persons also tried to outrage the modesty of the informant. It is further alleged that 500 miscreants surrounded the house of the informant and looted the household articles. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that earlier wife of petitioner no.4 had lodged a case against the son of the informant being Ramgarhwa P.S. Case No.163 of 2020, dated 07.07.2020 (Annexure-2 of the bail petition). Thereafter the present case has been filed by the informant. It is also submitted that the injury sustained by the informant is simple in nature and the matter has been compromised between the parties.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, 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 bonds of Rs.25,000/- (rupees twenty five thousand) each with two

Patna High Court CR. MISC. No.4031 of 2023(2) dt.04-05-2023 3/3 sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul East Champaran, Motihari in connection with Ramgarhwa P.S. Case No.166 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T