Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5298 of 2022 Arising Out of PS. Case No.-335 Year-2021 Thana- GOGRI District- Khagaria ====================================================== 1.

Shankar Sah Son Of Late Sagar Sah Resident Of Village- Fatehpur Haha Dhar, Ward No. 10, Police Station Gogari, District- Khagaria 2.

Mukesh Sah @ Mukesh Kumar Son Of Shankar Sah Resident Of VillageFatehpur Haha Dhar, Ward No. 10, Police Station- Gogari, District-Khagaria 3.

Tinku Sah @ Tinku Kumar Son Of Shankar Sah Resident Of VillageFatehpur Haha Dhar, Ward No. 10, Police Station- Gogari, District-Khagaria ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2022 Learned counsel for the petitioners submits that during the pendency of the anticipatory bail application petitioner no.1 is apprehended by the police, therefore, he does not want to press this application with regard to petitioner no.1. Accordingly, this application on behalf of the petitioner no.1 is dismissed as withdrawn.

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 three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Patna High Court CR. MISC. No.5298 of 2022(3) dt.20-09-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 324, 307, 354B, 379, 506 and 34 of the Indian Penal Code.

Petitioners are said to have assaulted the informant by means of lathi.

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 a land dispute between the parties. He submits that the injury found upon the victim is simple in nature. He submits that both informant's family and petitioners are agnates. He further submits that petitioners have one 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 and the fact that the injuries found upon the victim is simple in nature, 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

Patna High Court CR. MISC. No.5298 of 2022(3) dt.20-09-2022 3/3 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 Gogari P.S. Case No.335 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Ajay, devendra/- U T