Patna High CourtCR. MISC./43598/2022partly allowed disposal

Chunnilal Sah v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 43598 of 2022 Arising Out of PS. Case No.-162 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Chunnilal Sah Son Of Ram Suresh Sah Resident Of Village - Noneya Chaubey Tola, Police Station- Paharpur, District - East Champaran. 2.

Lalbabu Sah Son Of Chunnilal Sah Resident Of Village - Noneya Chaubey Tola, Police Station- Paharpur, District - East Champaran. 3.

Pannalal Sah Son Of Hareshar Sah Resident Of Village - Noneya Chaubey Tola, Police Station- Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for bail of petitioner no.2. Permission is accorded.

Accordingly, the prayer for bail of petitioner no.2 is dismissed as withdrawn.

So far as petitioner nos. 1 and 3 is concerned, they are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Allegedly, it is a case of assault upon the informant by

Patna High Court CR. MISC. No. 43598 of 2022(2) dt.09-12-2022 2/2 petitioner no.2.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no allegation of repeated blow against the petitioners rather the specific allegation of assault is against petitioner no.2. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Chunnilal Sah and Pannalal Sah, 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 ACJM-XI, East Champaran at Motihari in connection with Trial No.520 of 2022 arising out of Paharpur P.S. Case No. 162 of 2018, G.R. No.3828 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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