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Patna High CourtCR. MISC./38157/2023allowed

Pramod Sah v. The State Of Bihar

2023-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38157 of 2023 Arising Out of PS. Case No.-352 Year-2022 Thana- LAURIA District- West Champaran ====================================================== 1.

PRAMOD SAH Son of Late Nathuni Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 2.

Vinod Sah @ Vinod Prasad Son of Late Nathuni Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 3.

Tunna Kumar Son of Pramod Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 4.

Sunita Devi Wife of Pramod Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 5.

Raju Kumar @ Raju Prasad Son of Late Gyani Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 6.

Kalawati Devi Wife of Vinod Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 7.

Umrawati Devi Wife of Late Gyani Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. 8.

Vikash Kumar Son of Late Gyani Sah Resident of village - Dumara Ward No.- 02, Police Station - Lauriya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the parties.

2.

Petitioners apprehend their arrest in a case registered for offence punishable u/s 147, 148, 323, 504, 307, 379, 354 IPC. 3.

As per the prosecution case, the petitioners along with other accused persons are said to have indiscriminately assaulted the informant's side by means of various weapons. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.38157 of 2023(2) dt.01-08-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries were found simple in nature. It is submitted that the parties have compromised the matter. Petitioners have no criminal antecedent.

5.

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

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 Lauriya P.S. Case No.352 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T