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Patna High CourtCR. MISC./5248/2023bail granted

Srawan Kumar @ Sharwan Sah (Tanti) @ Sharwan Sah @ Shrvan Kumar @ Shrvan Kumar v. The State Of Bihar

2023-04-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5248 of 2023 Arising Out of PS. Case No.-248 Year-2021 Thana- MAHISHI District- Saharsa ====================================================== 1.

Srawan Kumar @ Sharwan Sah (TANTI) @ Sharwan Sah @ Shrvan Kumar @ Shrvan Kumar Son Of Late Sreekant Sah @ Srikant Sah R/V- Samani, Ward no. 4, O.P- Jalai, P.S- Mahishi, Dist- Saharsa 2.

Sanjay Sah Son of late Sreekant Sah @ Srikant Sah R/V- Samani, Ward no. 4, O.P- Jalai, P.S- Mahishi, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Sanjeev Kumar, AK Sinha, Preeti, Advocate For the Opposite Partys :

Mr.PK Pandey, Addl Public Prosecutor for the informant Mr. JP Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379, 307, 354A, 504/34 and other allied sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons including the petitioners assaulted son of the informant and when his wife came to save him, she was also assaulted by the accused persons.

Learned counsel appearing for the petitioners submits that the present case is counter blast of Mahishi Jalai OP Police Station Case No. 247 of 2021 lodged by petitioner no.2. injuries

Patna High Court CR. MISC. No.5248 of 2023(2) dt.07-04-2023 2/2 caused by these petitioners have been found to be simple in nature. After investigation, police submitted charge sheet against petitioner no.2 and one Srikant Sah, and petitioner no.1 was not sent up for trial. However, both charge sheeted accused persons were given the benefit of section 41(1) of the Cr.P.C. Learned counsel appearing for the State and informant oppose the prayer for bail.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saharsa in Mahishi Jalai OP Police Station Case No. 248 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T