Shiv Chandra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31184 of 2024 Arising Out of PS. Case No.-232 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.
Shiv Chandra Sah son of Janardhan Sah Resident of Village- Madhopur, Govind, P.S.- Chakia, Dist.- East Champaran 2.
Khajanti Sah @ Khajanchi Sah @ Khajanti Devi son of Janardhan Sah Resident of Village- Madhopur, Govind, P.S.- Chakia, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manjeet Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Chakiya P.S. Case No. 232 of 2022 dated 04.06.2022 registered for the offence/s punishable u/ss 341, 323, 324, 307, 379 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have surrounded the grandfather (Baba) of the informant and the accused Ramesh Sah assaulted Ganesh Sah with Gadasa on his head
Patna High Court CR. MISC. No.31184 of 2024(2) dt.22-05-2024 2/3 with intent to kill causing cut injury on his head and the accused Raviranjan Kumar assaulted the informant's aunt with knife on her head and disrobed her. The co-accused Tuntun also assaulted on her head with iron rod. The petitioner no. 1 made her unconscious and the petitioner no. 2 assaulted on the head of Ramlal with Gadasa which hit the wrist of his left hand. The co-accused Raviranjan assaulted Muni Devi with iron rod and snatched her jewelleries.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. As per annexure-3, the injuries are stated to be simple in nature caused by hard and blunt substance. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks
Patna High Court CR. MISC. No.31184 of 2024(2) dt.22-05-2024 3/3 from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran, Motihari in connection with Chakiya P.S. Case No. 232 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T