Mahendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57959 of 2023 Arising Out of PS. Case No.-265 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.
Mahendra Sah Son Of Late Ram Charan Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea 2.
Vijay Sah @ Vijay Kumar Son Of Late Ram Charan Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea 3.
Vidyanand Sah Son Of Late Ram Charan Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea 4.
Yogendra Sah Son Of Late Ram Charan Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea 5.
Sunita Devi Wife Of Shri Yogendra Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea 6.
Suraj Sah @ Suryanarayan Sah Late Jagdish Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea 7.
Teman Sah @ Heman Sah @ Binod Sah Son Of Shri Sadanand Sah Resident Of Village - Bashaha, Sahu Tola, P.S. - K. Nagar, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivpujan Sahay, Advocate For the Opposite Party/s :
Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 379, 506 of the Indian Penal Code to which Section 307 IPC was added later on.
3. As per F.I.R., on the alleged date and time of the
Patna High Court CR. MISC. No.57959 of 2023(2) dt.05-09-2023 2/2 occurrence, all the named accused persons including these petitioners, armed with weapons, assaulted the informant and his family members.
4. It is submitted that due to dispute over possession of land, an altercation took place between the parties in which both sides sustained injuries. Allegation of assault against these petitioners is general and omnibus and no specific overt act has been alleged against them. Case and counter case. Petitioners have got clean antecedent.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Purnea in connection with Krityanand Nagar P. S. Case No. 265 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T