Satyendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39592 of 2024 Arising Out of PS. Case No.-30 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

Satyendra Sah S/O Kumar Sah Raut R/O Vill - Majhwalia, Makhua Tola, P.S. - Jamo Bazar, Dist - Siwan 2.

Lal Chand Prasad S/O Sakaldeo Sah R/O Vill - Majhwalia, Makhua Tola, P.S. - Jamo Bazar, Dist - Siwan 3.

Girja Devi w/o Raj Kumar Rawat R/O Vill - Majhwalia, Makhua Tola, P.S. - Jamo Bazar, Dist - Siwan 4.

Puja Devi W/O lal Chand Prasad R/O Vill - Majhwalia, Makhua Tola, P.S. - Jamo Bazar, Dist - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024

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

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 447, 323, 307 and 353 of the Indian Penal Code read with Section 45 of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and petitioner nos. 3 and 4 are women and have been falsely implicated in the instant case by the informant with an allegation that police,

Patna High Court CR. MISC. No.39592 of 2024(2) dt.28-06-2024 2/3 based on secret information, had reached the village in search of liquor when it is alleged that the accused persons including the petitioners surrounded the police and attacked the police party as a result the informant sustained cut injury.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is specific allegation against petitioner no. 1 that he assaulted a constable by tangi causing injury on head.

5. At this stage, the learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 1.

6. Permission is accorded.

7. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 1.

8. Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 2, 3 and 4 abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court

Patna High Court CR. MISC. No.39592 of 2024(2) dt.28-06-2024 3/3 where the case is pending/successor court in connection with Jamo Bazar P.S. Case No. 30 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner nos. 2, 3 and 4 have antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T