Sanjay Sah @ Sanjay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61157 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- RAJPUR District- Buxar ====================================================== 1.
Sanjay Sah @ Sanjay Kumar Gupta Son Of Late Gupteshwar Sah Resident Of Village -TIYARA, Polices Station- Rajpur District -BUXAR 2.
Manoj Sah @ Manoj Gupta Son Of Late Gupteshwar Sah Resident Of Village -TIYARA, Polices Station- Rajpur District -BUXAR 3.
Haribhajan Sah @ Pappu Sah @ Hari Bhajan Gupta Son Of Late Gupteshwar Sah Resident Of Village -TIYARA, Polices Station- Rajpur District -BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Rajpur P.S. Case No. 177 of 2024 dated 12.06.2024 registered for the offences punishable u/ss 447, 448, 341, 323, 325, 307, 379, 504 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with one other co-accused are alleged to have assaulted the informant and his wife with lathi and weapon with an intention
Patna High Court CR. MISC. No.61157 of 2024(2) dt.10-09-2024 2/3 to kill them.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Both the parties are agnates and due to house construction the alleged occurrence has taken place. It is next submitted that as per the medical report, the petitioner no.1 has sustained two injuries, the petitioner no.2 has also sustained two injuries and the petitioner no.3 has sustained three injuries which are simple in nature. The informant sustained three injuries out of three two are simple in nature and one is bony injury and the informant's wife has sustained one injury on his head which is also found simple in nature. Both the parties have sustained injury. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 13.06.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the materials available on record, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand)
Patna High Court CR. MISC. No.61157 of 2024(2) dt.10-09-2024 3/3 each with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Rajpur P.S. Case No. 177 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T