Patna High CourtCR. MISC./28607/2024bail granted

Ashok Sah v. The State Of Bihar

2024-05-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28607 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== 1.

ASHOK SAH SON OF SHIVJI SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 2.

PRAMOD SAH SON OF SHIVJI SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 3.

MANOJ SAH SON OF SHIVJI SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 4.

VINOD SAH SON OF SHIVJI SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 5.

NARESH SAH @ NARESH KUMAR SAH SON OF SUWAI SAH @ BAUYE LAL SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 6.

SHIVJI SAH SON OF FEKU SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 7.

JITENDRA SAH @ JITENDRA KUMAR SAH SON OF LAGAN SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 8.

MOUJE KUMAR SAH @ DHARMENDRA KUMAR SON OF LAGAN SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 9.

HARENDRA SAH SON OF LATE RAMBILAS SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 10.

CHHOTU KUMAR SAH SON OF LATE SITARAM SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 11.

PRAMOD SAH SON OF AMRIT SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 12.

ARJUN SAH @ ARJUN KUMAR SAH SON OF LATE MAHENDRA SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 13.

RAVI SAH @ RAVI KUMAR SON OF LATE MAHENDRA SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA (MAHISOUR), DISTRICT - VAISHALI 14.

RAJ KUMAR SAH SON OF YOGI SAH RESIDENT OF VILLAGE - MUSHAPUR, WARD NO.12, POLICE STATION - JANDAHA

Patna High Court CR. MISC. No.28607 of 2024(2) dt.14-05-2024 2/3 (MAHISOUR), DISTRICT - VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar , Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 307, 504, 506, 448 , 354 and 379 of the Indian Penal Code .

3. As per F.I.R., all the accused persons including these petitioners are alleged to have abused the informant and on protest by the nephew of the informant, he was assaulted by means of iron rod due to which he sustained injury .

4. It is submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in this case . Allegation against these petitioners is general and omnibus. No specific allegation of overt act is alleged against them. Specific allegation of assault is against co-accused Sanjeet Sah who has already been granted bail by the Co-

Patna High Court CR. MISC. No.28607 of 2024(2) dt.14-05-2024 3/3 ordinate Bench of this Court vide order dated 01.05.2024 in Cr. Misc. No. 26323 of 2024. Moreover, the matter has already been compromised between the parties. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Hajipur, Vaishali in connection with Jandaha (Mahisour ) P.S. Case No. 357 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/AnkitU T