Lalan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56814 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1.
LALAN SAH, son of Late Janak Sah, Village- Mananpur, P.S.- Kalyanpur, Dist- East Champaran 2.
Banarsi Sah, son of late Janak Sah, Village- Mananpur P.S.- Kalyanpur DistEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-08-2023 Heard Mr. Karandeep Kumar, learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Kalyanpur P.S. Case No. 150 of 2023 registered for the offences punishable under Sections 341, 323, 379, 307, 504 and 506/34 of the Indian Penal Code.
3. Allegedly on account of a dispute with regard to sewerage, the petitioner no.1 gave Dabia blow on the head of Golu Kumar. It is further alleged that the petitioner no.2 also gave Dabia blow to Fulmati Devi, aunt of the informant, and the other accused persons also snatched valuables of Fulmati Devi.
Patna High Court CR. MISC. No.56814 of 2023(2) dt.30-08-2023 2/3
4. Learned counsel appearing on behalf of the petitioners submits that from the F.I.R. it is evident that on account of a trifle, both the parties entered into a scuffle, which resulted into injuries on the persons of both sides and there is a counter version of the present case, being Kalyanpur P.S. Case No. 156 of 2023, instituted by one Anil Sah, one of the family members of the petitioners. He has further drawn the attention of this Court to the injury report, as contained in Annexure-3, and with reference thereto he submits that both the injuries sustained over the person of Fulmati Devi and Golu Kumar are found to be simple in nature. He lastly submits that the petitioners are men of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned APP for the State opposes the bail application and submits that specific allegation of assault has been levelled against both the petitioners.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of dispute and the counter version of the present case, coupled with the nature of injuries and the fair antecedent of the petitioners, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the
Patna High Court CR. MISC. No.56814 of 2023(2) dt.30-08-2023 3/3 date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 150 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners. (Harish Kumar, J) uday/- U T