Shyam Kumar Sah @ Shyam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19350 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Shyam Kumar Sah @ Shyam Sah Son Of Late Awadh Sah Resident Of Village- Simiri Vasant, P.S.- Hathauri, District- Muzaffarpur 2.

Parshuram Sah Son Of Late Yogendra Sah Resident Of VillageVisambharpatti Baluahan, P.S.- Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in Hathauri P.S. Case No. 46 of 2020 initially registered for the offence under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal

Patna High Court CR. MISC. No.19350 of 2021(2) dt.10-02-2022 2/3 Code and later on, Section-380 of the Indian Penal Code was also added.

Allegedly, the petitioner No. 1 assaulted the informant by lathi on shoulder whereas the petitioner No. 2 is said to have snatched the chain.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the

Patna High Court CR. MISC. No.19350 of 2021(2) dt.10-02-2022 3/3 present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of Sri Deepak Kumar, learned Judicial Magistrate-Ist Class, Muzaffrpur in connection with Hathauri P.S. Case No. 46 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T