Binod Sah @ Vinod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12622 of 2024 Arising Out of PS. Case No.-71 Year-2022 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

Binod Sah @ Vinod Kumar Sah S/O Bilo Sah R/O VILLAGE- PATHAR GHATI, PS.- TEDHAGACHH, DIST.- KISHANGANJ.

2.

VEENA DEVI @ BINA DEVI W/O BINOD SAH @ VINOD KUMAR SAH R/O VILLAGE- TOKA BHANSA, FULBARIYA, PS.- TERHAGACHH, DIST.- KISHANGANJ.

3.

MONU KUMAR @ BAUKA PODDAR S/O BELLA PODDAR R/O VILLAGE- PATHAR GHATI, PS.- TEDHAGACHH, DIST.- KISHANGANJ.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-03-2024

1. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Terhagachh P.S. Case No. 71 of 2022 registered under Sections 323/325/354/504/506/34 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is no specific allegation against the petitioner nos. 2 and 3. Further he submits that petitioners have no criminal antecedent.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.12622 of 2024(2) dt.18-03-2024 2/2 State vehemently opposed the prayer of the petitioner no.1 Binod Sah @ Vinod Kumar Sah by contending that there is direct allegation of assault in the first information report and the injury also corroborates the same as alleged in the first information report. Hence, his prayer for grant of anticipatory bail may be rejected.

5. Having considered the facts and circumstances of the case as well as the submissions advanced on behalf of the learned counsel for the State, the prayer for grant of anticipatory bail of petitioner no.1 Binod Sah @ Vinod Kumar Sah is rejected and the prayer of the petitioner nos. 2 and 3 is allowed.

6. Let the above named petitioner nos. 2 and 3 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bonds to the satisfaction of the S.D.J.M., Kishanganj in connection with Terhagachh P.S. Case No. 71 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T