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Patna High CourtCR. MISC./51195/2024allowed

Govind Sah v. The State Of Bihar

2024-09-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51195 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Govind Sah Son Of Vinod Sah Resident Of Village - Donar, Ward No.-17, P.S. - Laheriyasarai, District - Darbhanga 2.

Santosh Sah @ Santosh Kumar Sah Son Of Vinod Sah Resident Of Village - Donar, Ward No.-17, P.S. - Laheriyasarai, District - Darbhanga 3.

Jyoti Kumari Daughter Of Vinod Sah Resident Of Village - Donar, Ward No.-17, P.S. - Laheriyasarai, District - Darbhanga 4.

Renu Devi Wife Of Vinod Kumar Resident Of Village - Donar, Ward No.- 17, P.S. - Laheriyasarai, District - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 448, 504, 506/34 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have assaulted the family members of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that there is no eye witness of the

Patna High Court CR. MISC. No.51195 of 2024(2) dt.04-09-2024 2/3 occurrence except the family members of the informant. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the injury found upon the victim is simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the nature of injury, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Basopatti P.S. Case No. 26 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T

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