Rudal Sah @ Bidyanand Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24267 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.
RUDAL SAH @ BIDYANAND SAH SON OF SATYA NARAYAN SAH R/O VILLAGE- LAXMIPUR, BHAGWATI, P.S.- SHRINAGAR, DISTRICT- MADHEPURA 2.
SANTOSH SAH @ SANTOSH KUMAR SAH SON OF RUDAL SAH @ BIDYANAND SAH R/O VILLAGE- LAXMIPUR, BHAGWATI, P.S.- SHRINAGAR, DISTRICT- MADHEPURA 3.
SUBHASH SAH @ SUBHASH KUMAR SAH SON OF GURU PRASAD SAH R/O VILLAGE- LAXMIPUR, BHAGWATI, P.S.- SHRINAGAR, DISTRICT- MADHEPURA 4.
GUR PRASAD SAH SON OF LATE LAXMI SAH R/O VILLAGELAXMIPUR, BHAGWATI, P.S.- SHRINAGAR, DISTRICTMADHEPURA 5.
ANGAD SAH @ ANGAD KUMAR SON OF GURU PRASAD SAH R/O VILLAGE- LAXMIPUR, BHAGWATI, P.S.- SHRINAGAR, DISTRICTMADHEPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard Mr. Shailendra Kumar Singh, learned counsel for the petitioners and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State.
2. Petitioners apprehend their arrest in connection with Srinagar PS Case No. 64/2022 dated 22.06.2022 registered for the offence punishable under Sections 341, 323, 354, 379, 384, 385, 427, 504, 506/34 of the IPC.
3. As per prosecution case, the accused persons eight
Patna High Court CR. MISC. No.24267 of 2023(2) dt.07-07-2023 2/3 in number arrived at the door of informant and started abusing him. Upon objection being raised, they assaulted the informant, his wife and also snatched valuables and demanded ransom of Rs. 1 Lac.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to previous land dispute between the parties who are agnates. Referring to Annexure-2, learned counsel submits that earlier partition had taken place between the parties. The allegation against the petitioners are general and omnibus in nature and the allegation regarding snatching of gold chain and demanding of ransom of Rs. 1 Lac is a super addition. No apparent injury has been brought on record by the prosecution before the learned Sessions Judge. The petitioners have got clean antecedents.
5. Regards being had to the submissions made by the parties, taking into consideration the nature of allegations which are general and omnibus and further both the parties are agnates having land dispute between them, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.24267 of 2023(2) dt.07-07-2023 3/3 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Srinagar PS Case No. 64/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T