Govardhan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38418 of 2022 Arising Out of PS. Case No.-792 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
GOVARDHAN SAH SON OF LATE SARYUG SAH RESIDENT OF VILLAGE- SHANKAR SARAIYA, RAMA SINGH TOLA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN, BIHAR 2.
PRABHAVATI DEVI @ PRABHAWTI DEVI WIFE OF GOVARDHAN SAH RESIDENT OF VILLAGE- SHANKAR SARAIYA, RAMA SINGH TOLA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN, BIHAR 3.
RAMESH SAH SOF OF LATE RAGHUNATH SAH RESIDENT OF VILLAGE- SHANKAR SARAIYA, RAMA SINGH TOLA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN, BIHAR 4.
MEERA DEVI WIFE OF RAMESH SAH RESIDENT OF VILLAGESHANKAR SARAIYA, RAMA SINGH TOLA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN, BIHAR 5.
NEERAJ DEVI WIFE OF MANU SAH RESIDENT OF VILLAGEBARIYAR PUR, P.S.- CHHATAUNI, DISTRICT- EAST CHAMPARAN, BIHAR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Preety Kunwar For the Opposite Party/s :
Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioners is directed to remove the defects within four weeks.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 427, 380, 307 of the Indian Penal Code and section 27 of Arms Act.
Patna High Court CR. MISC. No.38418 of 2022(3) dt.05-12-2022 2/3 Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant's side by means of various weapons.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is submitted that the parties are agnates and there is an admitted land dispute between them. The injuries are simple in nature. The occurrence took place on 14.05.2015 and the FIR was lodged on 31.07.2015 i.e. after a delay of 77 days, without giving an plausible explanation regarding the said delay which creates a serious doubt about the prosecution story.
She further submits that petitioners had no knowledge about this case and when the police started searching the petitioners for their arrest, then the petitioners moved for anticipatory bail in the court below and court below disposed of on 06.06.2022 with a direction to surrender before the court below. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.38418 of 2022(3) dt.05-12-2022 3/3 anticipatory bail.
Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Turkauliya P.S. Case No.792 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T