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Patna High CourtCR. MISC./37286/2022disposed

Bishal Sah @ Chotu Sah v. The State Of Bihar

2022-12-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37286 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

BISHAL SAH @ CHOTU SAH SON OF SHYAM SAH R/O MOHALLACHUNABHATHI, P.S.- TOWN, DISTRICT- DARBHANGA 2.

GOLU SAH @ SUBHAS AMAN SON OF SHYAM SAH R/O MOHALLA- CHUNABHATHI, P.S.- TOWN, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Kumar, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2.

Permission is accorded.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 307, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that Dholu and Chhotu intercepted him and Dholu

Patna High Court CR. MISC. No.37286 of 2022(2) dt.01-12-2022 2/3 stabbed him repeatedly causing injury on his stomach, hand and neck and after assaulting accused persons fled and he was brought to DMCH for treatment, it is next alleged that reasons for the occurrence is that the informant had a tiff with the father of Dholu and Chhotu earlier Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail, then the allegation of assault repeatedly by knife is against Dholu @ Golu, who has already been arrested and the allegation against this petitioner is general and omnibus in nature.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of his 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.37286 of 2022(2) dt.01-12-2022 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Darbhanga Town P.S. Case No. 82 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T