← Library
Patna High CourtCR. MISC./65029/2021bail granted

Ajay Sah v. The State Of Bihar

2022-07-21Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65029 of 2021 Arising Out of PS. Case No.-146 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

AJAY SAH S/O JADOLAL SAH R/o village- Bada Bariyarpur, P.S.- Chhatauni, District- East Champaran 2.

Lija Devi W/o Ajay Sah R/o village- Bada Bariyarpur, P.S.- Chhatauni, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-07-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

At the outset, learned counsel for the petitioners has submitted that the petitioner No. 1, Ajay Sah, has been arrested during pendency of the bail petition. He, therefore, wants to withdraw the anticipatory bail petition of petitioner No. 1. In view of the aforesaid submission, the anticipatory bail petition of petitioner No. 1 is dismissed as withdrawn. The petitioner No. 2 apprehends her arrest in connection with Chhatauni P.S. Case No. 146 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332,

Patna High Court CR. MISC. No.65029 of 2021(2) dt.21-07-2022 2/2 333, 504 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner No. 2 is a lady a there is allegation against her that when the police raided the house of Ajay Sah, his family members and other accused persons resisted the police party and they threw brickbats and damaged the vehicles of the police. Some police personnel became injured. Learned counsel has submitted further that the petitioner has falsely been implicated since she is family member of main accused.

Considering the above-mentioned facts and circumstances, especially that the petitioner is a lady, let her, in the event of her arrest or surrender within four weeks before the learned court below, 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 learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 146 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T