Shiv Sao @ Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3731 of 2021 Arising Out of PS. Case No.-84 Year-2020 Thana- KONCH District- Gaya ====================================================== 1.

SHIV SAO @ SHIV KUMAR Son of Sudama Sao Resident of Village - Ushash, P.S.- Kouch, District - Gaya.

2.

Ranjeet Sao @ Ranjeet Kumar Son of Sudama Sao Resident of Village - Ushash, P.S.- Kouch, District - Gaya.

3.

Sudama Sao Son of Raghunath Sao Resident of Village - Ushash, P.S.- Kouch, District - Gaya.

4.

Savitri Devi @ Lalita Devi Wife of Sudama Sao Resident of Village - Ushash, P.S.- Kouch, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 448, 323, 337, 307, 504 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that a scuffle took place while watching a game whereafter the accused

Patna High Court CR. MISC. No.3731 of 2021(2) dt.26-07-2021 2/3 persons assaulted the informant while he was going to meet Chawkidar to complain about the said occurrence due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 4 is a lady. There is a case and counter case between the parties. A free fight is alleged to have taken place. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Konch P.S. Case No. 84 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.3731 of 2021(2) dt.26-07-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T