Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18518 of 2024 Arising Out of PS. Case No.-1006 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

MADAN SAH Son of Late Mahaveer Sah Resident of VillageBishambharpur, Ward No.-7, Police Station-Majhaulia, District-West Champaran, Bettiah.

2.

SATYAM SAH Son of Shri Madan Sah Resident of Village-Bishambharpur, Ward No.-7, Police Station-Majhaulia, District-West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Majhauliya P.S. case No. 1006 of 2023 instituted for the offences under Sections 447, 341, 323, 324, 307, 379 504/34 of the Indian Penal Code.

3. Prosecution story, in short, is that when the informant was farming his maize field, all the accused persons including the petitioners, armed with weapons, arrived at the place of occurrence and started destroying the potatoes plant. When the informant protested, petitioner no.1 gave farsa blow

Patna High Court CR. MISC. No.18518 of 2024(2) dt.21-03-2024 2/3 on the right elbow of the informant and ordered to kill him, whereas petitioner no.2 gave iron rod blow on the head, right hand and elbow of the sister of the informant.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that both the parties are agnates and there is earlier land dispute between them. Learned counsel further submitted that the injuries sustained are found to be simple in nature. There is case and counter-case between the parties. It has been submitted on behalf of the petitioners that the petitioners are in custody since 25.11.2023. Petitioner no.1 has got one criminal antecedent whereas petitioner no.2 has clean criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, earlier land dispute, case and counter-case between the parties and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.18518 of 2024(2) dt.21-03-2024 3/3 below/concerned Court in connection with Majhauliya P.S. case No. 1006 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T