Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22636 of 2022 Arising Out of PS. Case No.-166 Year-2021 Thana- SATHI District- West Champaran ====================================================== 1.

BIRENDRA SAH Son of Bhajan Sah Resident of Village - Samahauta, P.s.- Sathi, Distt.- West Champaran.

2.

Binod Sah Son of Bhajan Sah Resident of Village - Samahauta, P.s.- Sathi, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/323/447/354B/379/504/34 IPC. Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant's side by means of various weapons. It is also alleged that petitioner no.1 with bad intention touched the body of the informant's wife.

Patna High Court CR. MISC. No.22636 of 2022(2) dt.25-08-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. The allegation leveled against the petitioners is general and omnibus in nature. In the alleged occurrence, both sides have sustained injuries and there is a case and counter-case between the parties. Petitioners' side have sustained grievous injury while informant's side has sustained simple injury. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the injuries sustained by the informant's side is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/Successor Court in connection with Sathi P.S. Case No.166 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.