Satish Kumar Sah @ Satish Sah @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43648 of 2024 Arising Out of PS. Case No.-410 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== 1.

SATISH KUMAR SAH @ SATISH SAH @ SATISH KUMAR S/O UMESH SAH R/O VILLAGE- AMWA NIJAMAT,P.S.-PAHARPUR, DISTRICT-EAST CHAMPARAN 2.

ASHOK SAH S/O JOKHAN SAH R/O VILLAGE- AMWA NIJAMAT,P.S.- PAHARPUR, DISTRICT-EAST CHAMPARAN 3.

RANJAN KUMAR @ RANJAN SAH S/O NAWAL KISHOR SAH R/O VILLAGE- AMWA NIJAMAT,P.S.-PAHARPUR, DISTRICT-EAST CHAMPARAN 4.

CHANDAN KUMAR S/O SANJAY SAH R/O VILLAGE- AMWA NIJAMAT,P.S.-PAHARPUR, DISTRICT-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Sarvesh Kashyap, Advocate For the State :

Mr. Pramod Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, when the husband of informant was returning from the market he saw all the accused persons named in the F.I.R., including these petitioners, were cutting crops from his field and when he objected, co-accused Sanjay Sah gave a knife blow to the husband of informant.

Patna High Court CR. MISC. No.43648 of 2024(2) dt.23-07-2024 2/2

4. It is submitted by learned counsel appearing on behalf of the petitioners that from bare perusal of the F.I.R. it is apparent that specific accusation of giving knife blow is against co-accused Sanjay Sah. There is no accusation of assault against these petitioners. It is further submitted that both parties are patidars and admittedly there is land dispute between them.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Paharpur P.S. Case No. 410 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T