Bhim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39392 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- PRATAPGANJ District- Supaul ====================================================== 1.

Bhim Sah, aged about 24 years, male.

2.

Arjun Sah, aged about 23 years, male.

3.

Subhash Sah @ Subhash Kumar @ Subhash Kumar Sah, aged about 20 years, male.

4.

Shankar Sah @ Shankar Kumar Gupta, aged about 36 years, male. All petitioner Nos. 1 to 4 are Sons of Satyadev Sah @ Vileti Sah @ Vileti Gupta @ Satyadev Gupta.

5.

Satyadev Sah @ Vileti Sah @ Vileti Gupta @ Satyadev Gupta, aged about 65 years, male, S/ Late Laxman Sah.

All are resident of Village - Sukhanagar, Ward No. 3, P.S. - Pratapganj, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner Nos. 1 & 3 :

Mr. Arun, Adv.

For the Informant :

Mr. Ranjay Kumar Singh, Adv.

For the State :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2021 Heard Mr. Arun, the learned Advocate for the petitioner Nos. 1 and 3 and Mr. Ranjay Kumar Singh, the learned counsel for the informant. The State is represented

Patna High Court CR. MISC. No.39392 of 2020(4) dt.08-12-2021 2/3 by the learned APP.

Earlier, the application with respect to petitioner Nos. 2, 4 and 5 was withdrawn as they were arrested. The petitioner Nos. 1 and 3 seek bail in anticipation of their arrest in connection with Pratapganj P.S. Case No. 68 of 2020, dated 29.05.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation against the petitioner No. 1 is of assaulting one Birendra Sah on his head by means of farsa, but there is no corresponding injury on him. The victim has suffered simple injury caused by hard and blunt substance. So far as the petitioner No. 3 is concerned, there is no specific accusation against him. His name though finds mentioned in the F.I.R., but the accusation against him is general and omnibus.

It has been submitted on behalf of the petitioner Nos. 1 and 3 that from the narration in the F.I.R., it would appear that it is a case of general dispute between two parties with no intention to cause any bodily injury which

Patna High Court CR. MISC. No.39392 of 2020(4) dt.08-12-2021 3/3 could have been dangerous to life. It has also been submitted that persons from the side of the petitioners also have received injuries for which counter case has been lodged, which has been brought on record.

Regard being had to the facts afore-stated, the petitioner Nos. 1 and 3, namely, Bhim Sah and Subhash Sah @ Subhash Kumar @ Subhash Kumar Sah, in the event of their arrest or surrender before the learned Court below within a period of three weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Supaul in connection with Pratapganj P.S. Case No. 68 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T