Gobari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49099 of 2022 Arising Out of PS. Case No.-25 Year-2019 Thana- KOTWA District- East Champaran ====================================================== 1.

GOBARI SAH SON OF SARYUG SAH R/O VILLAGE- TURKAULIYA, POST- TURKAULIYA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN 2.

JOGENDRA SHAH SON OF SUKHI SHAH R/O VILLAGE- BARWA, POST- SHYAMPUR, P.S.- SANGRAMPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mallika Mazumdar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 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 341, 342, 323, 324, 325, 307, 504 and 34 of the Indian Penal Code pending in the Court of learned C.J.M., East Champaran, Motihari.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.49099 of 2022(4) dt.12-12-2022 2/2 petitioners are innocent and have been falsely implicated in this case. He submits that in the F.I.R. there is no overt act has been done by the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the Police has completed the process under Section 82 & 83 Cr.P.C., hence they does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioners on bail in connection with Kotwa P.S. Case No.25/2019. Accordingly, their prayer for anticipatory bail is hereby rejected.

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