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Patna High CourtCR. MISC./31322/2021bail granted

Raju Sah @ Pranab Kr. Saha @ Raju Saha v. The State Of Bihar

2022-02-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31322 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- BALRAMPUR District- Katihar ====================================================== 1.

Raju Sah @ Pranab Kr. Saha @ Raju Saha S/O Pradeed Kumar Sah @ Pradeep Sah R/O Bajidpur, O.P, Sudhani, P.S-Barsoi, District-Katihar. 2.

Bokai Sah @ Sanju Sah @ Sanju Saha S/O Raju Sah @ Pranab Kr. Saha @ Raju Saha R/O Bajidpur, O.P, Sudhani, P.S-Barsoi, District-Katihar. 3.

Saurav Sah @ Saurav Kumar Sah S/O Raju Sah @ Pranab Kr. Saha @ Raju Saha R/O Bajidpur, O.P, Sudhani, P.S-Barsoi, District-Katihar. 4.

Pintu Sah @ Pranat Kr. Saha @ Pintu S/O Pradeep Sah R/O Bajidpur, O.P, Sudhani, P.S-Barsoi, District-Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Balrampur P.S. Case no. 133 of 2020 instituted for the offence under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.31322 of 2021(2) dt.17-02-2022 2/3 As per allegation in the FIR, over a trivial dispute regarding possession of land, petitioners have abused and assaulted the informant and his family members by means of fists, slaps and danda resulting into injuries of nose and waist to Raju Sah.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case. Both parties have sustained injuries in the alleged occurrence. Allegation of theft is ornamental. General and omnibus allegations have been levelled against the petitioners. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Balrampur P.S. Case no. 133 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.31322 of 2021(2) dt.17-02-2022 3/3 amount each to the satisfaction of learned A.C.J.M.-VI, Katihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U