Shyamjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22191 of 2021 Arising Out of PS. Case No.-644 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Shyamjee Sah, aged about 42 years, male, Son of Santu Sah. 2.

Badri Sah, aged about 25 years, male, Son of Shyamjee Sah. Both are resident of Village - Nuniadih, P.S. - Kalibagh O.P., Distt. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-02-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No. 644 of 2020, dated 09.10.2020, instituted for the offences under Sections 323, 341, 504, 506, 325, 307, 379 and 34 of the Indian Penal Code.

The petitioners are alleged to have assaulted the informant by means of garasa and iron rod respectively resulting in injuries on his person, one of which (attributable to petitioner No. 2) has been found to be grievous in nature.

Patna High Court CR. MISC. No.22191 of 2021(3) dt.16-02-2022 2/2 Mr. Bimlesh Kumar Pandey, the learned Advocate for the petitioners has submitted that there is a counter version of the case also in which petitioner No. 1 has received injuries.

Nonetheless, since the victim/informant has received one grievous injury along with another injury which even though has not been reported to be grievous, I am not inclined to grant anticipatory bail to the petitioners. The prayer for grant of anticipatory bail to the petitioners is, accordingly, rejected.

However, if they surrender before the Court below and seek bail, the Court below, after taking into account the above-noted grounds, shall pass orders in accordance with law, without being prejudiced by the fact that the present anticipatory bail application on their behalf has not been entertained by this Court.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T