Indrajeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56851 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

Indrajeet Sah S/o Late Ramashray Sah, Resident of Village- Manichhapra, P.S.- Chakia, District- East Champaran 2.

Dharmendra Kumar S/o Indrajeet Sah, Resident of Village- Manichhapra, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the State :

Mr. Choubey Jawahar, APP.

For the Informant :

Mr. Sanjay Kumar Tiwari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Chakia P.S. Case No. 294 of 2022, lodged under Sections 341, 323, 324, 307, 379, 506, 34 of the Indian Penal Code. As per prosecution case, there are in total 15 persons were made accused, out of 15, 9 persons were named and rest are unknown. The allegation against petitioner no.1 is direct whereas a general and omnibus allegation against the petitioner no.2 is there in the F.I.R.

Patna High Court CR. MISC. No.56851 of 2022(2) dt.24-02-2023 2/3 Learned counsel for the petitioners submits antecedent of both the petitioners are clean and they are in custody since 10.07.2022. He further submits that the petitioner and informant side belongs to same village and for the said date and place of occurrence open fire took place between the families, in result, injuries are from both the sides and two criminal cases, one from informant side and another one from petitioner side which are Annexure No.1 & 2 of the present application have been filed. He also submits that petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon them. Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that there are specific allegation petitioner no.1. Injuries are also there and some of the injury are waiting for opinion.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty 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 Chakia P.S. Case No.

Patna High Court CR. MISC. No.56851 of 2022(2) dt.24-02-2023 3/3 294 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T