Gauri Sah @ Gauri Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47999 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Gauri Sah @ Gauri Shankar Sah S/O Jokhu Sah R/o village- Mathiya, P.S.- Pakridayal, District- East Champaran 2.

Nanhak Sah S/o Sakmal Sah R/o village- Mathiya, P.S.- Pakridayal, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Pakridayal P.S. Case No.47 of 2021 registered for offences under Sections 147, 149, 447, 341, 323, 324, 307, 448, 379 and 506 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw the application on behalf of the petitioner no.2, namely, Nanhak Sah.

Permission is accorded.

The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.2, namely, Nanhak Sah is concerned.

In case petitioner no.2, namely, Nanhak Sah,

Patna High Court CR. MISC. No.47999 of 2021(3) dt.21-04-2022 2/2 surrenders and prays for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioner without being prejudiced by the fact that anticipatory bail petition has been dismissed as withdrawn by this Court. The court below will also consider the fact that other similarly situated accused persons have been granted regular and anticipatory bail and there is case and counter case.

So far as petitioner no.1, namely, Gauri Sah @ Gauri Shankar Sah is concerned, in view of the fact that there is land dispute between the parties and there is case and counter case, his application for anticipatory bail is allowed. Accordingly, let petitioner no.1, namely, Gauri Sah @ Gauri Shankar Sah, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakridayal P.S. Case No.47 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T