Baleshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40428 of 2022 Arising Out of PS. Case No.-162 Year-2022 Thana- JHAJHA District- Jamui ====================================================== 1.

BALESHWAR SAH S/o Sital Sah R/o village- Tarkhanjari, P.S.- Jhajha, District- Jammui 2.

Deepak Kumar @ Deepak Sah S/o Baleshwar Sah R/o village- Tarkhanjari, P.S.- Jhajha, District- Jammui 3.

Krishna Kumar @ Krishna Sah S/o Kailu Sah R/o village- Tarkhanjari, P.S.- Jhajha, District- Jammui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyam Shivam Sundaram, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 307, 504 and 34 of the Indian Penal Code. The informant alleges that accused persons including the petitioners came to his house started abusing, further, on protest, Krishna assaulted by an iron rod causing injury on his head, Baleshwar assaulted Raj Kumar by axe causing injury on head, thereafter, Deepak assaulted Ashok by brick causing injury on head and Kundan assaulted by rod causing injury on

Patna High Court CR. MISC. No.40428 of 2022(2) dt.08-12-2022 2/3 his hand.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. Learned counsel further submits that petitioners have been falsely implicated in the present case, it is next submitted that the informant, very cleverly, has alleged with precision and certainty that each of the accused persons assaulted him on his body parts, it is also submitted that the injuries are simple in nature, as would be evident from Annexure 3 to the anticipatory bail application, which amply demonstrates that petitioners never had any intention of committing a serious occurrence, it is also submitted that at the cost of repetition that petitioners are persons with clean antecedent and are not criminals and will cooperate in the investigation and will present themselves as and when required by the Investigating Officer of the case. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.40428 of 2022(2) dt.08-12-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhajha P.S. Case No. 162 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T