Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62605 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== 1.

UPENDRA SAH son of Late Jagnath Sah @ Late Jagarnath Sah VillageUmgaon Ps- Harlakhi Dist- Madhubani 2.

Vikash Kumar @ Vikash Prasad son of Upendra Sah village- Umgaon PsHarlakhi Dist- Madhubani 3.

Bittu Kumar son of Upendra Sah village- Umgaon Ps- Harlakhi DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagandeo Yadav For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 448, 341, 323, 307, 34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of occurrence, these petitioners alongwith co-accused Asha Devi assaulted the informant and his family members.

4. It is submitted on behalf of petitioners that due to petty dispute, a scuffle took place between the parties, in which, both sides sustained injury. There is case and counter case. Present F.I.R. has been lodged after a delay of 23 days and there is no plausible explanation of delay. Petitioners have got clean antecedent.

Patna High Court CR. MISC. No.62605 of 2023(2) dt.11-10-2023 2/2

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the nature of accusation, delayed lodging of F.I.R. and the fact that petitioners have got clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. Benipatti, District Madhubani / concerned court in connection with Harlakhi P.S. Case No. 291 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T