Deepak Shah @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13781 of 2025 Arising Out of PS. Case No.-386 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Deepak Shah @ Deepak Kumar Son of Late Mahangu Shah Resident of Village- Basudeopur Sarai, PS- Sahebganj, District- Muzaffarpur 2.

Raushan Kumar @ Raushan Shah Son of Late Mahangu Shah Resident of Village- Basudeopur Sarai, PS- Sahebganj, District- Muzaffarpur 3.

Pradeep @ Pradeep Kumar @ Pradeep Shah Son of Late Mahangu Shah Resident of Village- Basudeopur Sarai, PS- Sahebganj, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Preety Kunwar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2025 1.

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

2.

Learned counsel for the petitioners, after some arguments, seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 3 (Pradeep @ Pradeep Kumar @ Pradeep Shah).

3.

Permission is accorded.

4.

Accordingly, the instant anticipatory bail application is dismissed as withdrawn with respect to petitioner No. 3.

2.

The petitioner Nos. 1 and 2 apprehend their arrest

Patna High Court CR. MISC. No.13781 of 2025(3) dt.12-05-2025 2/3 in a case registered for the offences punishable under Sections 323, 324, 307, 380, 354B, 376, 511 of the Indian Penal Code and Section 3 and 4 of the Daayan Act.

3.

Learned counsel for the petitioners next submits that Petitioner No. 1 and 2 are persons with clean antecedent and the informant alleges that on account of dispute relating to grazing by coat of the informant, the petitioners came and Deepak said that she is a daayan, hence kill her, further Pradeep assaulted her on her face breaking two teeth, and thereafter Raushan made her drink excreta, thereafter Pradeep also assaulted her son Arjun by rod on chest and tore sari and blouse of wife of Arjun and also assaulted the informant by butt of pistol on her chest and stomach, further Deepak snatched chain worth Rs. 50,000/-.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that specific allegation of assaulting the informant and his son is against Pradeep. It is further submitted that as far as these petitioners are concerned, the allegations against them are general and omnibus in nature and in order to give seriousness to the case, it has been alleged that Raushan made the informant drink excreta.

Patna High Court CR. MISC. No.13781 of 2025(3) dt.12-05-2025 3/3 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioner Nos. 1 and 2, above named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sahebganj P.S. Case No. 386 of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) SUMIT/- U T