Vikash Sah @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35549 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== 1.
SANDEEP SHARMA@SANDEEP KUMAR SHARMA SON OF BHOLA SHARMA R/O- VILL-SUGAULI NAYAKA TOLA, P.S.- SUGAULI, DIST.- EAST CHAMPARAN 2.
BIKAU THAKUR @ BIKAU SHARMA SON OF CHANDRIKA THAKUR R/O- VILL-SUGAULI NAYAKA TOLA, P.S.- SUGAULI, DIST.- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46440 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== VIKASH SAH @ VIKASH KUMAR S/O MUNNA SAH Resident of Village- Sugauli Nayka Tola, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 35549 of 2022) For the Petitioner/s :
Mr.Pramod Kumar Pandey For the Opposite Party/s :
Mr.Ramchandra Singh (In CRIMINAL MISCELLANEOUS No. 46440 of 2022) For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard the parties.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within
Patna High Court CR. MISC. No.35549 of 2022(2) dt.27-09-2022 2/3 stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.
Allegedly, the informant was sitting at door meantime FIR named 15 accused persons arrived there having various arms and started to abuse, hearing noise her son Laxmi came out then Sandeep attacked with Khariya but inflicted said injury on head of Lalbabu, thereafter Muna Sah with rod, Dhiraj Sah with knife assaulted to Lalbabu thereafter all the accused also assaulted with lathi, rod and Khariya, Bhala. Bikau also assaulted to informant with Bhala causing injury on leg. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is a case and counter case between the parties. That the injured sustained by the informant side is simple in nature and allegation made in FIR not supporting the same and petitioners side also sustained injury. Petitioners have clean antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Patna High Court CR. MISC. No.35549 of 2022(2) dt.27-09-2022 3/3 Having regard to the facts and circumstances of the case and materials available on record, let the above named petitioners be released on bail, in the event of their 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 Sugauli P.S. Case No. 502 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ravishankarkr/- U T