Sunil Sah @ Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17382 of 2022 Arising Out of PS. Case No.-692 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

SUNIL SAH @ SUNIL PRASAD Son of Late Vinod Sah @ Binda Sah Resident of Village - Bakhariya, P.s.- Majhauliya, Distt.- West Champaran. 2.

JITENDRA SAH @ JITENDRA KUMAR Son of Bipin Sah Resident of Village - Bakhariya, P.s.- Majhauliya, Distt.- West Champaran. 3.

JWALA SAH Son of Chhotelal Sah Resident of Village - Bakhariya, P.s.- Majhauliya, Distt.- West Champaran.

4.

CHANDAN SAH @ CHANDAN KUMAR Son of Bipin Sah Resident of Village - Bakhariya, P.s.- Majhauliya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Akhileshwar Dayal Mr.Anant Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners, armed with iron rod and lathi, came at the door of informant and thereafter, abused and assaulted him. It is further alleged that co-accused snatched gold chain and peitioner no. 1 snatched Rs. 10,000/- from the informant.

Patna High Court CR. MISC. No.17382 of 2022(2) dt.27-09-2022 2/2 It is submitted on behalf of petitioners that allegation of assault is general and omnibus. So far as snatching of cash of Rs. 10,000/- by petitioner no. 1 is concerned, same is ornamental only to make the offence grave. Petitioners no. 1, 2 & 4 have got clean antecedent, whereas, petitioner no. 3 is accused in one more case, in which, he is on bail. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition and submitted that petitioners are named in the F.I.R. However, considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 learned C.J.M., Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 692 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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