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Patna High CourtCR. MISC./64256/2021bail granted

Vishwanath Sah v. The State Of Bihar

2022-05-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64256 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== 1.

Vishwanath Sah Son of Mana Sah Resident of Village - Itadhiya, P.S. - Karakat, District - Rohtas.

2.

Brajesh Sah @ Rinku Sah Son of Mana Sah Resident of Village - Itadhiya, P.S. - Karakat, District - Rohtas.

3.

Babudhan Sah Son of Mana Sah Resident of Village - Itadhiya, P.S. - Karakat, District - Rohtas.

4.

Mana Sah S/o Late Masudan Sah Resident of Village - Itadhiya, P.S. - Karakat, District - Rohtas.

5.

Thakur Sah S/o Late Masudan Sah Resident of Village - Itadhiya, P.S. - Karakat, District - Rohtas.

6.

Pappu Sah S/o Thakur Sah Resident of Village - Itadhiya, P.S. - Karakat, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitionerd and learned counsel for the State.

The petitioners apprehend their arrest in Karakat P.S. Case No. 173 of 2020, registered for the offences punishable under Sections 379, 323 of the Indian Penal Code. Prosecution case in brief is that while the informant came out from his house for walking and reached near the house of Mana Sah these petitioners having armed with weapons surrounded and assaulted him with lathi, danda and Farsa

Patna High Court CR. MISC. No.64256 of 2021(2) dt.23-05-2022 2/2 causing head injury to him. When informant's father came in rescue then he was also assaulted by them, as a result of which he received injuries on his hand and leg. Co-accused Vishwanath is alleged to have snatched gold chain from the neck of informant. The alleged occurrence took place due to land dispute between the parties.

It is submitted that petitioners there is case and counter case. As per the FIR, it is apparent that there is land dispute between the parties. Injuries sustained by the injured are simple in nature. Petitioners have got no criminal antecedent. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 learned Additional Chief Judicial Magistrate Ist, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 173 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T