Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39965 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== 1.

Raju Sah Son Of Late Kundan Sah Resident Of Village- Bhagwanpur, PsKateya, District- Gopalganj 2.

Rajendra Sah Son Of Late Kundan Sah Resident Of Village- Bhagwanpur, Ps- Kateya, District- Gopalganj 3.

Jitendra Sah Son Of Late Kundan Sah Resident Of Village- Bhagwanpur, PsKateya, District- Gopalganj 4.

Lagan Sah Son Of Late Nagendra Sah Resident Of Village- Bhagwanpur, Ps- Kateya, District- Gopalganj 5.

Chandrawati Devi Wife Of Raju Sah Resident Of Village- Bhagwanpur, PsKateya, District- Gopalganj 6.

Dheliya Devi Wife Of Nagendra Sah Resident Of Village- Bhagwanpur, PsKateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shubhangi Pandey For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Earlier vide order dated 03.08.2023, this application with regard to petitioner no.2 was dismissed as withdrawn by this Court. Now, this application is being heard only with regard to 1, 3, 4, 5 & 6 only.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,

Patna High Court CR. MISC. No.39965 of 2023(3) dt.11-09-2023 2/3 149, 341, 323, 324, 307 and 504 of the Indian Penal Code pending in the learned court below.

4. As per the prosecution case, petitioners are said to have assaulted the informant and her family members by means of deadly weapons.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is land dispute between the parties. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that both the parties are agnates. He submits that earlier the injury of the Suganti Devi was reserved but the said report is not produced before the doctor thereafter the doctor found the injury as simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the aforesaid facts and circumstances and the fact that the injury found upon the victim is simple in nature, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period

Patna High Court CR. MISC. No.39965 of 2023(3) dt.11-09-2023 3/3 of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kateya P.S. Case No.53/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T