Mahanth Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27299 of 2023 Arising Out of PS. Case No.-548 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

MAHANTH SAH SON OF LATE JAGDISH SAH R/V- PARSA WARD NO. 6, PS- MAJHAULIA DIST- WEST CHAMPARAN 2.

RAUSHAN KUMAR SON OF MAHANTH SAH R/V- PARSA WARD NO. 6, PS- MAJHAULIA DIST- WEST CHAMPARAN 3.

BHUSHAN KUMAR SON OF MAHANTH SAH R/V- PARSA WARD NO. 6, PS- MAJHAULIA DIST- WEST CHAMPARAN 4.

VISHAL KUMAR SON OF MANAN SAH R/V- PARSA WARD NO. 6, PS- MAJHAULIA DIST- WEST CHAMPARAN 5.

KRISHNAWATI DEVI WIFE OF MAHANTH SAH R/V- PARSA WARD NO. 6, PS- MAJHAULIA DIST- WEST CHAMPARAN ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 447, 341, 323, 324, 379, 307, 354(B), 384, 337, 504/34 of the Indian Penal Code. As per prosecution case, all the F.I.R named accused persons including these petitioners have assaulted the brother of

Patna High Court CR. MISC. No.27299 of 2023(2) dt.11-07-2023 2/3 the informant in which he sustained head injury and snatched ear top from the mother of the informant.

It is submitted by the learned counsel for the petitioner that as per the F.I.R, petitioner No 1 is order giver, petitioner No 2 assaulted brother of the informant ( Tunu Kumar ) with iron rod, causing head injury to him and petitioner No 3 snatched ear top from the mother of the informant namely Nagina Devi and there is no any specific allegation of any overt act against petitioner No 4 and 5. Injury sustained by the brother of the informant is found to be simple in nature by the doctor. Petitioners claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West Champaran in connection with Majhaulia P.S. case no 548 of

Patna High Court CR. MISC. No.27299 of 2023(2) dt.11-07-2023 3/3 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T