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Patna High CourtCR. MISC./64853/2021bail granted

Shiv Narayan Sah v. The State Of Bihar

2022-07-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64853 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- JADIA District- Supaul ====================================================== 1.

SHIV NARAYAN SAH S/O Chhoti Sah @ Chhote Lal Sah R/O VillageKhunt Ward No. 6 Koriapatti, P.S.- Jadia, District- Supaul 2.

Santosh Kumar Sah @ Santosh Kumar S/O Shiv Narayan Sah R/O VillageKhunt Ward No. 6 Koriapatti, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section323, 504/506 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that all the FIR named accused persons including the petitioners and 10 to 15 other accused persons assaulted Laltu Kumar and snatched mobile phone and motorcycle from his brother and demanded ransom of Rs.50,000/-.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.64853 of 2021(2) dt.14-07-2022 2/2 implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. All the offenses levelled against these petitioners are bailable, except section 353 of the Indian Penal Code which is not made out against these petitioners. Petitioners have got no criminal antecedent. Learned counsel appearing for the State opposes the prayer for bail.

Considering the aforesaid facts and the clean antecedent of the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate V, Supaul in Jadia Police Station Case No. 67 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T