Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45422 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.

Rajesh Sah, S/o Prabhu Sah, R/o Village - Parsa, P.S. - Dhaka, District - East Champaran 2.

Mukesh Sah, S/o Prabhu Sah R/o Village - Parsa, P.S. - Dhaka, District - East Champaran 3.

Rakesh Sah @ Rakesh Kumar, S/o Prabhu Sah R/o Village - Parsa, P.S. - Dhaka, District - East Champaran 4.

Prabhu Sah, S/o Gani Sah R/o Village - Parsa, P.S. - Dhaka, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Dhaka P.S. Case No. 50 of 2024 registered for the offences punishable under Sections 323, 341, 324, 307, 379, 354, 447, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have assaulted the informant with dabia and danda due to which she sustained cut injury and they also break into her house and taken away Rs. 2,00,000/- along with Mangal Sutra.

Patna High Court CR. MISC. No.45422 of 2024(2) dt.24-07-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to land dispute. He further submits that both the parties are gotiya and there is case and counter case of mar-pit between the parties. It is further submitted that as per the injury report, the injury caused to the informant is simple in nature caused by hard and blunt substance. Petitioners have two criminal antecedents in which they are on bail and out which one case is earlier lodged by the prosecution side. Petitioners undertake to cooperate in the investigation and trial of this case.

5. Learned counsel for the informant as well as learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Dhaka P.S. Case No. 50 of 2024, subject to the conditions

Patna High Court CR. MISC. No.45422 of 2024(2) dt.24-07-2024 3/3 as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T