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Patna High CourtCR. MISC./11564/2022bail granted

Kapildev Saday @ Sakil Saday v. The State Of Bihar

2022-09-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11564 of 2022 Arising Out of PS. Case No.-150 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

KAPILDEV SADAY @ SAKIL SADAY SON OF BALDEV SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

2.

MITHLESH SADAY SON OF CHALITAR SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

3.

BECHU SADAY SON OF BALDEV SADAY RESIDENT OF VILLAGEPARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICTMADHUBANI. 4.

PRAMOD SADAY SON OF CHALITAR SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

5.

DUKHI SADAY SON OF LATE LALJEE SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

6.

SHIV KUMAR SADAY SON OF LATE LALJEE SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

7.

SANTOSH KUMAR @ SANTOSH SADAY SON OF CHALITAR SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

8.

SATAN SADAY SON OF CHAUTHI SADAY RESIDENT OF VILLAGEPARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICTMADHUBANI. 9.

FULO DEVI WIFE OF LATE LALJEE SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

10.

URMILA DEVI WIFE OF CHALITAR SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

11.

DUKHANI DEVI WIFE OF DUKHI SADAY RESIDENT OF VILLAGEPARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICTMADHUBANI. 12.

ASHA DEVI WIFE OF SHIV SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI. 13.

JANGALI SADAY SON OF SONELAL SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

14.

MAMTA DEVI WIFE OF MANOJ SADAY RESIDENT OF VILLAGEPARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICTMADHUBANI. 15.

KARI SADAY SON OF JAGAY SADAY RESIDENT OF VILLAGE-

Patna High Court CR. MISC. No.11564 of 2022(3) dt.29-09-2022 2/3 PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICTMADHUBANI. 16.

MANOJ SADAY SON OF CHALITAR SADAY RESIDENT OF VILLAGE- PARSA NONYARI, P.S.- JHANJHARPUR (ASOP), DISTRICT- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Shubham For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2022 At the outset of argument learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.5, 6 and 12.

Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No.5, 6 and 12.

Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307, 379 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence these petitioners, armed with deadly weapon, came at the door of informant and abused him. On protest made by the informant, all the accused persons assaulted him by

Patna High Court CR. MISC. No.11564 of 2022(3) dt.29-09-2022 3/3 means of Farsa on his head and when his family members came to save they were also assaulted with Bhala, Farsa, iron rod and Lathi on their head and looted the household articles. It is submitted that there is case and counter case. The present case is counter blast of Jhanjharpur PS case No. 151/ 2021 instituted by accused, Shiv Kumar Saday against the informant and others. The allegation of assault is general and omnibus. The injured have sustained simple injuries. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, let the petitioners No. 1 to 4, 7 to 11 and 13 to 16, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Madhubani in connection with Jhanjharpur (ASOP) PS case No. 150/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T