Arun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32402 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- MALAYPUR District- Jamui ====================================================== 1.

Arun Sah Son Of Late Kamal Sah Resident Of Village- Bichla Katauna, PsMalaypur, Dist- Jamui 2.

Binod Sah Son Of Late Kamal Sah Resident Of Village- Bichla Katauna, PsMalaypur, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Malaypur P.S. Case No. 94/2023 dated 11.11.2023 registered for the offences punishable u/ss 341, 323, 308, 504 and 506 read with 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant's sons and his nephew were returning to his house, the petitioners and the co-accused persons assaulted them with iron rod, causing head injuries.

Patna High Court CR. MISC. No.32402 of 2024(2) dt.23-05-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is a case and counter case between the parties. Learned counsel has submitted that a title suit case no. 23/2021 is going on between the parties. Learned counsel has further submitted that the injuries are simple in nature. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail 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 from today, be enlarged on anticipatory 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, Jamui in connection with Malaypur P.S. Case No. 94/2023, subject to conditions as

Patna High Court CR. MISC. No.32402 of 2024(2) dt.23-05-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T