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Patna High CourtCR. MISC./6447/2025bail granted

Raghav Sao @ Ragho Sharan Sao v. The State Of Bihar

2025-02-19Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6447 of 2025 Arising Out of PS. Case No.-89 Year-2023 Thana- ANTI District- Gaya ====================================================== 1.

Raghav Sao @ Ragho Sharan Sao Son of Late Dhandhari Sao @ Late Dhanuk Dhari Sao Resident of Village- Korap, P.S.- Anti (Aati), DistrictGaya 2.

Shiv Prasad Saw @ Shiv Prasad Sao Son of Raghav Sao @ Ragho Sharan Sao Resident of Village- Korap, P.S.- Anti (Aati), District- Gaya 3.

Vipul Sao @ Vipul Kumar @ Bipul Kumar Son of Raghav Sao @ Ragho Sharan Sao Resident of Village- Korap, P.S.- Anti (Aati), District- Gaya 4.

Prabha Devi Wife of Vipul Sao @ Vipul Kumar @ Bipul Kumar Resident of Village- Korap, P.S.- Anti (Aati), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Anti P.S. Case No. 89 of 2023 dated 03.11.2023, instituted for the offence punishable under Sections 147, 149, 323, 324, 341, 307, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution story, in short, is that, the informant was planting a summersible machine on his field, suddenly petitioners along with other accused person armed with weapons came on the field and claimed that the said land

Patna High Court CR. MISC. No.6447 of 2025(2) dt.19-02-2025 2/3 belongs to them and threw the parts of summersible here and there. When the informant and his family members objected then they were assaulted by the petitioners and other accused person due to which they sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is case and counter case between the parties. Counter case bearing Anti P.S. Case No. 87 of 2023 dated 27.10.2023 has been lodged by petitioner no. 4 against the informant and others. It is next submitted that there is a land dispute between the parties. The specific allegation of assaulting the brother of the informant namely, Ved Vikas, by iron spade and causing cut injury is upon petitioner no. 4. The allegation of assaulting the brother of informant namely, Prem Prakash by lathi and stick is upon petitioner no. 3. The allegation against petitioner no. 1 is of assaulting the informant on his head by iron axe.

Learned counsel further submits that from the injury report, it appears that the injuries are simple in nature caused by hard and blunt substance. It is also submitted that in the said occurrence, the petitioners' side also sustained injuries. Lastly, it has been submitted that the petitioners have no criminal antecedents.

Patna High Court CR. MISC. No.6447 of 2025(2) dt.19-02-2025 3/3

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Anti P.S. Case No. 89 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VI, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T