Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50822 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Yogendra Sah Son Of Pitambar Sah Resident Of Village - Mohammadpur, P.S. - Kamtaul, District - Darbhanga 2.

Amarjeet Sah Son Of Sri Yogendra Sah Resident Of Village - Mohammadpur, P.S. - Kamtaul, District - Darbhanga 3.

Amardeep Sah Son Of Sri Yogendra Sah Resident Of Village - Mohammadpur, P.S. - Kamtaul, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504, 506, 302/34 of the Indian Penal Code.

It is alleged that all the F.I.R named accused persons including the petitioners came armed with lathi, danda, iron rod and started abusing the informant and when the informant made protest, they started

Patna High Court CR. MISC. No.50822 of 2023(3) dt.08-09-2023 2/3 assaulting the informant and when the daughter-in-law came to save her, she was pushed on the ground by the petitioner Yogendra Sah. The accused persons also took away the household articles including jewellaries. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are agnates and in the background of some land dispute, the present accusation has been levelled. There is general and omnibus allegation against the petitioners. For the alleged occurrence of 30.05.2023, the fardbeyan was recorded on 02.06.2023 without explaining the delay. The doctor during postmortem has not found any external injury on the part of the body of the deceased. During investigation, the independent witnesses have stated that deceased was admitted to the Hospital as she became ill due to her illness and she was suffering from bronchitis. The petitioners are languishing in custody since 04.06.2023.

Patna High Court CR. MISC. No.50822 of 2023(3) dt.08-09-2023 3/3 In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga at Laheriasarai in connection with Kamtaul P.S. Case No. 120 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T