Pradeep Kumar @ Pradeep Sah @ Pradeep Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6190 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== 1.
PRADEEP KUMAR @ PRADEEP SAH @ PRADEEP KUMAR SAH S/O SONE LAL SAH Resident of Village- Noneya Mishra Tola, P.S.- Pahar Pur District- East Champaran.
2.
SONE LAL SAH S/O LATE TAPESHWAR SAH Resident of VillageNoneya Mishra Tola, P.S.- Pahar Pur District- East Champaran. 3.
PRABHAWATI DEVI W/O NAGINA SAH Resident of Village- Noneya Mishra Tola, P.S.- Pahar Pur District- East Champaran. 4.
SAVITRI DEVI @ BASANTI DEVI W/O SONE LAL SAH Resident of Village- Noneya Mishra Tola, P.S.- Pahar Pur District- East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava For the Opposite Party/s :
Mr. Dinesh Singh Mr. Sangeet Deokuliar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard the parties.
The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 354(B), 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioner seeks permission to withdraw this application as against petitioner no.1. Permission is granted.
Accordingly, this application as against petitioner no.1 is dismissed as withdrawn.
Now, this application is being heard with regard to
Patna High Court CR. MISC. No.6190 of 2023(2) dt.11-04-2023 2/3 petitioner no.2, 3 and 4 only.
The allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant's side by means of several weapons. The allegation against the petitioner nos.3 and 4 is that they caught hold the informant and petitioner no.2 snatched golden mangalsutra from her. 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 levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a case and counter case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, let the above named petitioner nos.2, 3 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.6190 of 2023(2) dt.11-04-2023 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 Pahar Pur P.S. Case No.197 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This application is accordingly, partly allowed. (Anjani Kumar Sharan, J) shikha/- U T