Dharamlal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49993 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

DHARAMLAL SAH S/o- Jageshwar Sah Resident of Village- Mainhi, P.S.- Andhramath, Distt- Madhubani.

2.

JAGESHWAR SAH S/o Late Sukhdev Sah Resident of Village- Mainhi, P.S.- Andhramath, Distt- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Andharamath P.S. Case No. 21 of 2022, registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

The learned counsel for the petitioners has submitted that they have falsely been implicated in this case. They are the persons of clean antecedent. He has submitted further that

Patna High Court CR. MISC. No.49993 of 2022(2) dt.16-01-2023 2/3 the specific allegation to assault on the head of the informant is against co-accused Karmlal Sah. The informant sustained grievous injuries on his head, which is attributed against Karmlal Sah. So far as the petitioners are concerned, there are allegations of inflicting iron rod blow on the leg and waist of the informant. He has also submitted that there is case and counter case.

On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail.

The petitioners are the persons of clean antecedent. The grievous injury suffered by the informant is attributed against co-accused Karmlal Sah, and not against the petitioners.

Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I Class, Jhanjharpur in connection with Andharamath P.S. Case No. 21 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.49993 of 2022(2) dt.16-01-2023 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T