Baban Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25765 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- AMNAUR District- Saran ====================================================== 1.

Baban Sah Son of Late Lal Bahadur Sah Resident of Village- Rasulpur, P.S.- Amnour, District- Saran at Chapra 2.

Pappu Sah Son of Baban Sah Resident of Village- Rasulpur, P.S.- Amnour, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code, pending in the court of learned A.C.J.M.-IX, Saran at Chapra.

3. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that specific allegation of assaulting the injured by knife is against Bablu Sah. It is also submitted that petitioners are related to the informant and are having dispute relating to land.

Patna High Court CR. MISC. No.25765 of 2024(2) dt.06-05-2024 2/2

4. The learned APP opposes the anticipatory bail application of the petitioners and submits that no doubt petitioners are not alleged to have assaulted the injured by knife but then they were present at the occurrence, as such, it is a fit case for regular bail, as the injured was assaulted by knife and the injury report records that the injuries caused are incised wounds.

5. The learned counsel appearing on behalf of the petitioners at this stage seeks permission to withdraw the anticipatory bail application of the petitioners.

6. Permission is accorded.

7. Accordingly, the anticipatory bail application of the petitioners is dismissed as withdrawn.

8. However, in the event, if the petitioners surrender on or before 20.05.2024, the learned trial court shall dispose of the case on the same day keeping in view the fact that petitioners are not alleged to have assaulted by knife. (Satyavrat Verma, J) amit/- U T