Ramesh Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30001 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

RAMESH PRASAD SAH S/o- LATE RAM VILASH SAH VillageKushahar Khas Ps- Mahua Dist- Vaishali 2.

Naresh Prasad Sah son of Late Ram Vilash Sah Village- Kushahar Khas PsMahua Dist- Vaishali 3.

Hare Krishna Sah son of Late Ram Vilash Sah Village- Kushahar Khas PsMahua Dist- Vaishali 4.

Satyanarayan Sah son of Late Lakshmi Sah Village- Songar Ps- Tajpur DistSamastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 1.

Heard the parties.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504/34 IPC.

3.

As per the prosecution case, the F.I.R. named accused persons including the petitioner indiscriminately assaulted the informant's side. Petitioner no.1 is said to have assaulted one Suresh Prasad Singh by means of farsa. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have

Patna High Court CR. MISC. No.30001 of 2023(2) dt.14-07-2023 2/2 committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. So far as the allegation against petitioner no.1 is concerned to assault one Suresh Prasad Singh, but his injury was found simple in nature (Annexure-2). Petitioners have no criminal antecedent.

5.

Learned APP for State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mahua P.S. Case No.33 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T