Ganga Prasad Sah @ Ganga Pd. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5407 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- PALASI District- Araria ====================================================== 1.

GANGA PRASAD SAH @ GANGA PD. SAH Son of late Chandar Lal Sah Resident of Village - Gacch Miyapur, P.S. - Palasi, District - Araria. 2.

Kaushalya Devi Wife of Ganga Prasad Sah @ Ganga Pd. Sah Resident of Village - Gacch Miyapur, P.S. - Palasi, District - Araria. 3.

Bablu Kumar Sah Son of Ganga Prasad Sah @ Ganga Pd. Sah Resident of Village - Gacch Miyapur, P.S. - Palasi, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 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, 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, 324, 325, 307, 379, 504/34 of the Indian Penal Code.

The allegation against the petitioners is that they along with other accused persons have indiscriminately assaulted the

Patna High Court CR. MISC. No.5407 of 2022(2) dt.26-07-2022 2/2 informant and his wife.

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. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and the injuries are simple in nature. It is further submitted that both sides are agnates and there is an admitted land dispute between them. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that one of injury is grievous in nature.

Having regard to the facts and circumstances of the case, since one of the injury is grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for anticipatory bail on their behalf is rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T