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Patna High CourtCR. MISC./22327/2021bail granted

Raj Karan Sah v. The State Of Bihar

2022-01-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22327 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Raj Karan Sah Son Of Uttim Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 2.

Aman Sah Son Of Daroga Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 3.

Chandeshwar Sah Son Of Late Daroga Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 4.

Sanjay Sah @ Sipahi Son Of Late Daroga Sah Resident Of VillageMajhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 5.

Raja Sah Son Of Nathuni Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 6.

Nathuni Sah Son Of Vishundev Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 7.

Shatrughan Sah Son Of Ghuletan Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 8.

Ghuletan Sah @ Ghusah Son Of Paras Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 9.

Pramod Sah Son Of Paras Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran 10.

Devbrat Sah Son Of Shambhu Sah Resident Of Village- Majhauliya, Ward No. 01, Police Station- Majhauliya, District-West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.

Patna High Court CR. MISC. No.22327 of 2021(2) dt.03-01-2022 2/3 The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Majhauliya P.S. Case no. 136 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 354, 379 and 34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant by the petitioners and other co-accused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are is innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. Now good sense has been prevailed between both the parties and the matter has been compromised. In support of compromise, Annexure-3 is annexed to this petition.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest

Patna High Court CR. MISC. No.22327 of 2021(2) dt.03-01-2022 3/3 or surrender in connection with Majhauliya P.S. Case no. 136 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U