Pintu Sah @ Pintu Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57798 of 2018 Arising Out of PS.Case No. -174 Year- 2018 Thana -EKMA District- SARAN ======================================================

1. PINTU SAH @ PINTU RAI, Son of Late Baij Nath Sah.

2. Ganesh Sah, Son of Late Baij Nath Sah

3. Pappu Sah, Son of Late Baij Nath Sah All resident of VillageBhorhopur, P.S.- Ekma, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 379, 307, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was returning home from brick kiln, in the way, all the accused persons surrounded him and started abusing. When the same was protested, the informant was assaulted, as a result of which, he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.57798 of 2018 (2) dt.10-10-2018 of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Saran at Chapra in connection with Ekma P.S. Case No. 174 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T