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Patna High CourtCR. MISC./33206/2023disposed

Sohan Prasad Sahu v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33206 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

Sohan Prasad Sahu Son Of Late Sitaram Sahu Resident Of VillageJaidevpatti, Ps- Ghanshyampur, Distt- Darbhanga 2.

Deepu Prasad Sahu @ Dinesh Prasad Sahu Son Of Sohan Prasad Sahu @ Sohan Sahu Resident Of Village- Jaidevpatti, Ps- Ghanshyampur, DisttDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner No. 1 (Sohan Prasad Sahu). 3.

Permission is accorded.

4.

The petitioner No. 2 apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. 5.

Learned counsel for the petitioner submits that petitioner No. 2 is a person with clean antecedent and is own nephew of the informant. It is further submitted that on account

Patna High Court CR. MISC. No.33206 of 2023(3) dt.26-02-2024 2/3 of dispute relating to property the present occurrence is alleged to have taken place wherein it is alleged that this petitioner along with other accused persons came and assaulted the side of the informant and this petitioner assaulted by Tegari causing injury on forehead of the informant. It is further submitted that from perusal of the injury report of the injured (Annexure-2), it would manifest that the injury is simple in nature. It is also submitted that the blow was not repeated and the petitioner being own nephew came to be falsely implicated when the occurrence had taken place in between the informant and the father of the petitioner, who was arrested during the pendency of the present anticipatory bail application.

6.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7.

Considering the submissions made by the learned counsel for the petitioner No. 2, Deepu Prasad Sahu @ Dinesh Prasad Sahu, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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

Patna High Court CR. MISC. No.33206 of 2023(3) dt.26-02-2024 3/3 Ghanshyampur P.S. Case No. 270 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T