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Patna High CourtCR. MISC./42192/2022allowed

Jay Prakash Sah @ Jay Prakash v. The State Of Bihar

2023-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42192 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

JAY PRAKASH SAH @ JAY PRAKASH Son of Sunil Sah Resident of village- Mesahi, P.S- Chanpatia, Dist- West Champaran at Bettiah 2.

Rajan Kumar Son of Late Sunil Sah Resident of village- Mesahi, P.SChanpatia, Dist- West Champaran at Bettiah ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Shekhar For the Opposite Party :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

Learned counsel for the petitioner filed a supplementary affidavit in Court.

Let it be kept on record.

The petitioner apprehends their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 504, 506 and 34 of the Indian Penal Code. It is alleged that the petitioners have abused and assaulted the informant's family with lathi and danda. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.42192 of 2022(3) dt.17-02-2023 2/2 petitioners that no such occurrence as alleged ever took place. The have been falsely implicated in this case due to blackmailing nature of the informant, old existing land dispute, and in connivance with the enemies of the petitioner's family. These petitioners are quite innocent. The allegations levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that from perusal of the injury report, it is clear that no external injury was found on the body of the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chanpatia P.S. Case No. 133 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.