Bishwanath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30752 of 2019 Arising Out of PS. Case No.-412 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Bishwanath Sah Son of Late Bholi Sah Resident of Village- Naya Basti Sanichari, P.S.- Yogapatti (Sanichari), District- West Champaran, Bettiah. 2.

Jitendra Sah Son of Bishwanath Sah Resident of Village- Naya Basti Sanichari, P.S.- Yogapatti (Sanichari), District- West Champaran, Bettiah. ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 341, 323, 354-B, 379, 504 & 506 of the Indian Penal Code. Over row of dumping the dirt on the door of the informant, petitioner no.1-Bishwanath Sah is said to have assaulted on the hand and chest of the informant by means of lathi and tore her blouse while Laxman inflicted injury on her hand by bitting. Jitendra along with another accused dragged the informant holding her hair.

Learned counsel for the petitioners submitted that no

Patna High Court CR. MISC. No.30752 of 2019(2) dt.09-05-2019 2/2 such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case due to animosity and petty dispute. Informant has not sustained any injury. There is no allegation of any sort against the petitioner -Jitendra Sah. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogapatti (Sanichari) P.S. Case No.412 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T