Ajvindra Sah @ Ravindra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8620 of 2023 Arising Out of PS. Case No.-376 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
AJVINDRA SAH @ RAVINDRA PRASAD S/O JADOLAL SAH R/vGokhula, P.S.- Chiraiya, District- East Champaran 2.
ANGAD SAH S/O JADOLAL SAH R/v- Gokhula, P.S.- Chiraiya, DistrictEast Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code, 1860.
3. Allegedly, petitioners, in drunken condition, entered the house of the informant and assaulted his mother with lathidanda and iron rod. Petitioner no.1 is said to have assaulted the informant's mother with iron rod due to which she sustained injuries. When informant tried to save his mother, all the accused persons along with petitioners assaulted him with fat and fists.
Patna High Court CR. MISC. No.8620 of 2023(2) dt.18-04-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Both the parties are co-villagers. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties. Petitioner no.2 has lodged Chiraiya P.S. Case No. 377 of 2022 against the informant and his asides. No any injury is mentioned in the impugned order. The parties have compromised the alleged dispute between them. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is case and counter case between the parties, let the above named petitioners, 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 Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in
Patna High Court CR. MISC. No.8620 of 2023(2) dt.18-04-2023 3/3 connection with Chiraiya P.S. Case No. 376 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T