Prabhunath Sahi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57555 of 2021 Arising Out of PS. Case No.-335 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
PRABHUNATH SAHI Son of Late Satyadeo Sahi Resident of Village - Chanayan Bandh, P.S. - Majhauliya, District - West Champaran. 2.
Mantu Sahi Son of Dilip Sahi Resident of Village - Chanayan Bandh, P.S. - Majhauliya, District - West Champaran.
3.
Munchun Sahi @ Ramanuj Sah Son of Dilip Sahi Resident of Village - Chanayan Bandh, P.S. - Majhauliya, District - West Champaran. 4.
Bhushan Sahi @ Braj Bhushan Sahi Son of Late Bir Narayan Sahi Resident of Village - Chanayan Bandh, P.S. - Majhauliya, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
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 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 341, 323, 379, 427, 384, 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.57555 of 2021(3) dt.06-07-2022 2/3 Allegedly, the FIR named accused persons including the petitioners lashed with country made pistol entered into the mango orchard of the informant and started committing 'Marpit' and looted Rs.86,000/- from the counter. They also started looting the Mangoes and committed mischief. 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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Lokesh Sahi. Petitioner no.1 has two criminal antecedent and petitioner nos.2 to 4 have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, 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) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57555 of 2021(3) dt.06-07-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhauliya P.S. Case No.335/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T