Basudeo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57331 of 2021 Arising Out of PS. Case No.-343 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== 1.

Kanti Devi Wife Of Sandeep Sah Resident Of Village - Pathraha, Ward No.- 07, P.S.- Narpatganj, District - Araria.

2.

Janki Devi Wife Of Basudeo Sah Resident Of Village - Pathraha, Ward No.- 07, P.S.- Narpatganj, District - Araria.

3.

Pushpa Kumari Daughter Of Ramanand Sah Resident Of Village - Pathraha, Ward No.- 07, P.S.- Narpatganj, District - Araria. 4.

Sushila Devi Wife Of Late Jagdeo Sah Resident Of Village - Pathraha, Ward No.- 07, P.S.- Narpatganj, District - Araria. 5.

Renu Devi Wife Of Ramanand Sah Resident Of Village - Pathraha, Ward No.- 07, P.S.- Narpatganj, District - Araria. 6.

Nirma Devi Wife Of Ranjeet Sah Resident Of Village - Pathraha, Ward No.- 07, P.S.- Narpatganj, District - Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57658 of 2021 Arising Out of PS. Case No.-343 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== 1.

Basudeo Sah Son Of Late Thakkan Sah Resident Of Village- Pathraha, Ward No. 07, P.S.- Narpatganj, District- Araria.

2.

Sanjeev Sah @ Sanjeev Kumar Sah Son Of Basudeo Sah Resident Of Village- Pathraha, Ward No. 07, P.S.- Narpatganj, District- Araria. 3.

Sandeep Sah Son Of Basudeo Sah Resident Of Village- Pathraha, Ward No. 07, P.S.- Narpatganj, District- Araria.

4.

Ranjeet Kumar @ Ranjeet Sah Son Of Basudeo Sah Resident Of VillagePathraha, Ward No. 07, P.S.- Narpatganj, District- Araria. 5.

Ramanand Sah Son Of Late Sitaram Sah Resident Of Village- Pathraha, Ward No. 07, P.S.- Narpatganj, District- Araria. 6.

Pradeep Sah @ Pradeep Kumar Sah Son Of Late Jagdeo Sah Resident Of Village- Pathraha, Ward No. 07, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 57331 of 2021) For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Uday Chand Prasad, Adv.

Patna High Court CR. MISC. No.57331 of 2021(3) dt.11-07-2022 2/3 Mrs. Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP (In CRIMINAL MISCELLANEOUS No. 57658 of 2021) For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 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 three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 447, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners are said to have fired upon the informant who fortunately get save but the bullet hit the chest of informant's mother who sustained firearm injury and became unconscious.

It is submitted by learned counsel for the petitioners that petitioners is innocent and have been falsely implicated in this case due to land dispute. Petitioners are the gotia of informant. There is compromise in between the parties. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.57331 of 2021(3) dt.11-07-2022 3/3 petitioners. There is specific allegation against co-accused Dipak Sah who fired upon the mother of the informant. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the fact that there is no specific overt act against all the petitioners, 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 Narpatganj P.S. Case No. 343 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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