Paltan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50279 of 2021 Arising Out of PS. Case No.-435 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Paltan Sah S/O Late Shankar Sah R/O Village- Tikaita, P.S.- Turkauliya, District- East Champaran 2.

Kaushalya Devi W/O Paltan Sah R/O Village- Tikaita, P.S.- Turkauliya, District- East Champaran 3.

Ranjeet Kumar @ Saurabh Kumar S/O Paltan Sah R/O Village- Tikaita, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Sunil Kumar No.III, Adv.

For the Opposite Party/s :

Mr.Madhuri Lata, APP Mr. Rajesh Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Learned counsel for the petitioners submits that the petitioner no. 2 has surrendered before the learned court below, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2 Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 2.

Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-

Patna High Court CR. MISC. No.50279 of 2021(5) dt.11-07-2022 2/3 removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 341, 379, 354B, 327, 307, 504, 506 and 34 of the Indian Penal Code. Petitioners are said to have assaulted the informant and his son by means of iron rod and lathi as a result of which they sustained head injuries.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained grievous injury. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State and informant vehemently oppose the prayer for bail.

Considering the fact that both sides have sustained grievous injury, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.50279 of 2021(5) dt.11-07-2022 3/3 connection with Turkauliya P.S. Case No. 435 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T