Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53564 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Jai Prakash Sah Son Of Late Chatar Sah R/O Village- Bairiya, P.S.- Bairiya, District- West Champaran.

2.

Ramreet Sah Son Of Late Chatar Sah R/O Village- Bairiya, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.2, Ramreet Sah as he has already been apprehended by the police during pendency of this application. Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.2, Ramreet Sah is concerned.

Heard both sides.

Petitioner No.1, Jai Prakash Sah apprehends his arrest in connection with Bairiya P.S. Case No.260 of 2021, registered for the offences punishable under Sections 341, 323, 307, 379, 427, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.53564 of 2022(2) dt.15-12-2022 2/2 petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is also submitted that brother of petitioner no.1 also died in the occurrence. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts and circumstances of the case, let petitioner no.1, namely, Jai Prakash Sah, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, West Champaran, Bettiah in connection with Bairiya P.S. Case No.260 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T