Degan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35178 of 2020 Arising Out of PS. Case No.-123 Year-2020 Thana- SONO District- Jamui ====================================================== 1.
DEGAN SAH, SON OF TULSI SAH RESIDENT OF VILLAGE - BUDHIYA LAPAR, P.S. - SONO, (CHARKAPATHAR), DISTRICT - JAMUI 2.
MAHENDRA SAH, SON OF LATE JIBLAL SAH RESIDENT OF VILLAGE - BUDHIYA LAPAR, P.S. - SONO, (CHARKAPATHAR), DISTRICT - JAMUI 3.
SHAMBHU SAH, SON OF LATE JIBLAL SAH RESIDENT OF VILLAGE - BUDHIYA LAPAR, P.S. - SONO, (CHARKAPATHAR), DISTRICT - JAMUI 4.
MUNDRIKA SAH, SON OF SHANKAR SAH RESIDENT OF VILLAGE - BUDHIYA LAPAR, P.S. - SONO, (CHARKAPATHAR), DISTRICT - JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-03-2021 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioners and Mr. Arun Kumar, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Sono (Charkapathar) P. S. Case No. 123 of 2020 (G. R. No. 1581 of 2020), instituted for the offences under Sections 147, 148,
Patna High Court CR. MISC. No.35178 of 2020(2) dt.23-03-2021 2/3 149, 341, 323, 354, 307, 504 and 506 of the Indian Penal Code.
The allegation against the petitioners is of having assaulted the informant and others, leading to injuries on six persons.
The learned counsel for the petitioners has fairly submitted that out of six persons who have been injured in the occurrence from the side of the prosecution, two have received grievous injuries. However, he submits that so far as the petitioners are concerned, they are not attributed with any specific act of assault but in general and omnibus manner, they are alleged to have assaulted the members of the prosecution party by means of Lathi.
The petitioners are agnates of the informant and there is a land dispute pending between the parties. There is a counter version of the occurrence also vide Sono P. S. Case No. 124 of 2020, in which three persons from the side of the petitioners also had
Patna High Court CR. MISC. No.35178 of 2020(2) dt.23-03-2021 3/3 been injured.
The petitioners do not have criminal antecedents.
Considering the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Smt. Bharti Kumari, J. M. 1st Class, Jamui, in connection with Sono (Charkapathar) P. S. Case No. 123 of 2020 (G. R. No. 1581 of 2020), subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T