Motor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51873 of 2021 Arising Out of PS. Case No.-117 Year-2011 Thana- LAURIA District- West Champaran ====================================================== 1.

MOTOR SAH S/O Beyas Sah Resident of Village - Malahi Tola, P.S. - Lauriya, Dist. - West Champaran.

2.

Dhegi Sah @ Dhedi Sah @ Dhengi Sah @ Bhedi Sah S/O Late Khedaru Sah Resident of Village - Malahi Tola, P.S. - Lauriya, Dist. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323,324 379 and 307/34 of the Indian Penal Code.

It is a case of assaulting to the informant by fist and slaps who sustained injury.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that main allegation of assaulting by means of knife is against Bhuali Sah and during course of investigation, these petitioners were not sent up for trial and after considering

Patna High Court CR. MISC. No.51873 of 2021(2) dt.04-07-2022 2/2 the evidence by the learned Magistrate, finding the prima-facie case. The cognizance has been taken in this case only under Sections 326 and 324 of the IPC. Petitioners have got clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 117 of 2011 corresponding to Complaint Case No.2924-C of 2011 (Trial No.2661 of 2011), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T