Jaggu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53778 of 2022 Arising Out of PS. Case No.-195 Year-2021 Thana- LADANIA District- Madhubani ====================================================== 1.
Jaggu Sah Son of Ram Nagina Sah R/O Village- Tulsiyahi, P.S.- Ladaniya, District- Madhubani 2.
Poonam Devi Wife of Dinesh Sah R/O Village- Tulsiyahi, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-12-2022 This matter has been listed today for consideration through Video Conferencing.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners are permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioners in the present case are seeking regular bail in connection with Ladaniya P.S. Case No. 195 of 2021 registered for the offences under Sections 143, 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, petitioner and other co-
Patna High Court CR. MISC. No.53778 of 2022(2) dt.23-12-2022 2/3 accused persons assaulted the informant and his wife and kerosene oil was thrown on the informant's wife and also put the fire on his wife.
Learned counsel for the petitioners submit that petitioners are innocent and committed no offence. It was also submitted that the petitioners have been falsely implicated in this case due to land dispute. Further it is submitted that no occurrence as alleged did ever take place. It appears that both the parties are agnates and the allegation of theft is intentionally added to make the case non-bailable and the petitioners are in custody since 15.06.2022. Charge sheet has already been submitted in this case. Petitioner no. 1 is 62 years old and petitioner no. 2 is a lady having no specific allegation against them. It is also submitted that similarly situated co-accused has already been granted bail in Criminal Miscellaneous No. 54462 of 2022 dated 16.12.2022.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.53778 of 2022(2) dt.23-12-2022 3/3 Additional Chief Judicial Magistrate-III, Madhubani in connection with Ladaniya P.S. Case No. 195 of 2021. (Sunil Dutta Mishra, J) shweta/- U T