Guddu Sah @ Om Prakash Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4367 of 2021 Arising Out of PS. Case No.-214 Year-2019 Thana- KESARIA District- East Champaran ====================================================== 1.
GUDDU SAH @ OM PRAKASH SAH Son of Satya Narayan Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 2.
Satya Narayan Prasad Son of Late Banti Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 3.
Pitambar Sah Son of Late Ramdeo Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 4.
Munna Sah Son of Pitambar Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 5.
Sugandh Kumar @ Murli Kumar Son of Pitambar Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 6.
Sri Narayan Sah Son of Late Banti Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 7.
Pannalal Sah Son of Late Ramdeo Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran 8.
Rameshwar Sah Son of Late Ramchandra Sah, Resident of Village - Khora, P.S.- Keshariya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-12-2021 Heard both sides.
Petitioners apprehend their arrest in Keshariya P.S. Case No.214 of 2019 registered under Sections 341, 323, 354, 354B, 307, 379, 504, 506, 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.4367 of 2021(2) dt.06-12-2021 2/3 petitioners have committed no offence and have falsely been implicated in this case due to land dispute. The petitioners have got no criminal antecedent.
Learned A.P.P. for the State opposed the prayer for bail by contending that the specific allegation as alleged in the F.I.R. is against petitioner nos.1, 2, 3, 5, 6, 7 and 8. Therefore, they do not deserve anticipatory bail.
Having considered the above facts and circumstances of the case and the fact that there is no specific allegation against petitioner no.4, petitioner no.4 (Munna Sah), in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Keshariya P.S. Case No.214 of 2019, subject to the conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
So far the case of petitioner nos. 1, 2, 3, 5, 6, 7 and 8 is concerned, the specific allegation as alleged in the F.I.R. is against them.
Having considered the facts aforesaid, this Court is
Patna High Court CR. MISC. No.4367 of 2021(2) dt.06-12-2021 3/3 not inclined to enlarge petitioner nos. 1, 2, 3, 5, 6, 7 and 8 on anticipatory bail. Accordingly, their prayer for bail is rejected. Harish/- (Arvind Srivastava, J) U T