Shankar Saw @ Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20378 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- CHAKAI District- Jamui ====================================================== 1.

Shankar Saw @ Shankar Sah S/O Paukhi Saw @ Paukhi Sah R/O VillageSaraun (Charghara), P.S.- Chakai, District- Jamui 2.

Govind Saw @ Govind Sah S/O Paukhi Saw @ Paukhi Sah R/O VillageSaraun (Charghara), P.S.- Chakai, District- Jamui 3.

Sanjay Saw @ Sanjay Kr. Sah S/O Paukhi Saw @ Paukhi Sah R/O VillageSaraun (Charghara), P.S.- Chakai, District- Jamui 4.

Jitendra Kumar Saw @ Jitendra Kr. Sah S/O Shankar Saw @ Shankar Sah R/O Village- Saraun (Charghara), P.S.- Chakai, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Learned counsel for the petitioners submits that the petitioner no. 2 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.

Learned counsel for the petitioners undertakes to

Patna High Court CR. MISC. No.20378 of 2022(2) dt.23-08-2022 2/3 remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 307, 379, 504 of the Indian Penal Code. Petitioners are said to have cheated sum of Rs. 2,92,000/- on the pretext of land over which the informant has constructed house. They also abused and assaulted the informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He further submits that petitioners have criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of their arrest or surrender before the learned Court below within a period of six

Patna High Court CR. MISC. No.20378 of 2022(2) dt.23-08-2022 3/3 weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chakai P.S. Case No. 04 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T