Dilip Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40858 of 2022 Arising Out of PS. Case No.-205 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Dilip Shah S/O Ram Nath Shah Resident Of Village- Mahadev Chak, P.S.- Koilwar, District- Bhojpur.

2.

Chathi Shah S/O Ram Nath Shah Resident Of Village- Mahadev Chak, P.S.- Koilwar, District- Bhojpur.

3.

Basant Shah @ Basant Kumar Shah @ Mantu Shah S/O Rajendra Shah Resident Of Village- Mahadev Chak, P.S.- Koilwar, District- Bhojpur. 4.

Sanjay Shah @ Binesh Shah S/O Rajendra Shah Resident Of VillageMahadev Chak, P.S.- Koilwar, District- Bhojpur. 5.

Praful Shah @ Praful Kumar S/O Kameshwar Shah Resident Of VillageMahadev Chak, P.S.- Koilwar, District- Bhojpur. 6.

Dharmveer Shah @ Dharmveer Kumar @ Gupta Shah S/O Badri Shah Resident Of Village- Mahadev Chak, P.S.- Koilwar, District- Bhojpur. 7.

Mohan Lal Shah @ Mohal Lal Prasad @ Mal Lal Shah S/O Badri Shah Resident Of Village- Mahadev Chak, P.S.- Koilwar, District- Bhojpur. ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Mohan Lal Shah Badri Shah Mahadev Chak, Koilwar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147/307 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that 9 FIR named accused persons including the petitioners assaulted the informant and her three sons.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.40858 of 2022(2) dt.28-11-2022 2/2 that there is land dispute between the parties due to which simple marpit took place. Injuries sustained by the injured have been found to be simple in nature. There is general and omnibus allegation of assault against the accused persons and no specific overt act has been alleged against the petitioners. Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released 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 the Chief Judicial Magistrate, Bhojpur at Ara in Koilwar Police Station Case No. 205 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T