Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26036 of 2019 Arising Out of PS. Case No.-716 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Rajesh Sah, Son of Late Ramanand Sah, Resident of Village-Patpariya, P.S.- Muffasil Motihari, District-East Champaran, Motihari. 2.

Sandip Bhagat, Son of Baskit Bhagat, Resident of Village-Patpariya, P.S.- Muffasil Motihari, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2019 This is an application for grant of anticipatory bail in connection with Muffassil P.S. Case No. 716 of 2018, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 354(B), 379, 504 and 506 of IPC.

Written report disclosed an allegation that petitioners and others variously armed and came at the house of the informant and there is allegation against the petitioners is that they caught hold the neck of his uncle and the petitioner no.2 assaulted by farsa, causing injury. There is also allegation that they have also damaged the household property and snatched a golden chain worth Rs.50,000/- and also tried to disrobe the aunt of the informant.

Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.26036 of 2019(3) dt.05-07-2019 2/2 is that there is a case and counter case between the parties and the allegation of disrobing and snatching the ornaments does not make the case against the petitioners. Moreover, injuries are simple in nature, which will appear from para-3 of the case diary.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M. East Champaran, Motihari, in connection with Muffassil P.S. Case No. 716 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T