Paltan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5262 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

PALTAN SAH Son of Late Pipari Sah Resident of Village - Kadarabad, Police Station - Bachhwara, District - Begusarai. 2.

Ramu Sah Son of Paltan Sah Resident of Village - Kadarabad, Police Station - Bachhwara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Singh For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 337, 307, 325, 379, 427 and 504/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons came armed with iron rod and assaulted the son of the informant. Paltan Sah imparted blow with iron rod on the head of Jitendra Kumar due to which he sustained injury. Ganesh Sah gave lathi blow on the head of Dharvinder Kumar due to which he sustained injury and Ramu Sah gave iron rod blow on the head of Dharmendra Sah due to which he sustained injury. Romi Raman assaulted the son of the informant and Mahesh Sah assaulted the informant with current flowing wire due to which informant fell on the ground.

Patna High Court CR. MISC. No.5262 of 2023(2) dt.07-04-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injuries. He submits that the injuries found upon the victim are simple in nature. He further submits that petitioner no.1 is an old and ailing person suffering from various disease. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the nature of the injuries, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bachhwara P.S. Case No.194/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T