Mukesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21443 of 2024 Arising Out of PS. Case No.-652 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.
MUKESH SAH S/O- BANARSI SAH R/O- VILLAGE- PADARIYA, P.S.- HARSIDHI, DIST.- EAST CHAMPARAN.
2.
SIBBU SAH @ SHIBU KUMAR S/O- CHANDRIKA SAH R/OVILLAGE- PADARIYA, P.S.- HARSIDHI, DIST.- EAST CHAMPARAN. 3.
BANARSI SAH S/O- LATE SUKHARI SAH R/O- VILLAGEPADARIYA, P.S.- HARSIDHI, DIST.- EAST CHAMPARAN. 4.
YOGENDRA SAH S/O- LATE SUKHARI SAH R/O- VILLAGEPADARIYA, P.S.- HARSIDHI, DIST.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Madhurendra Kumar, Advocate For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, on 06.11.2023 at about 10 AM, while the informant was returning to his house on a motorcycle along with his brother and uncle, in the meantime, all these petitioners surrounded them and assaulted and snatched
Patna High Court CR. MISC. No.21443 of 2024(4) dt.11-07-2024 2/3 cash and jewelry.
4. It is submitted by learned counsel appearing on behalf of the petitioners that both parties are agnates and due to admitted land dispute between them, a simple fight took place in which both sides sustained injuries. There is case and countercase between the parties. It is further submitted that injuries allegedly caused by these petitioners has been opined to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Harsidhi P.S. Case No. 652 of 2023, subject to condition as laid
Patna High Court CR. MISC. No.21443 of 2024(4) dt.11-07-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T