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Patna High CourtCR. MISC./57740/2022allowed

Vikash Kumar Sah @ Vikash Sah v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57740 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- AANDAR District- Siwan ====================================================== 1.

Vikash Kumar Sah @ Vikash Sah Son of Vyas Sah Resident of village - Hasanpurwa, P.S.- Aandar, Distt.- Siwan.

2.

Amrendra Kumar Sah @ Amrendra Sah Son of Achchelal Sah Resident of village - Hasanpurwa, P.S.- Aandar, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Kumari Anupam, Advocate For the Opposite Party :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard senior learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 341, 323, 324, 308, 504, 506 of the Indian Penal Code.

As per the F.I.R., when the informant, his father and younger brother were working in their field, the petitioners alongwith other co-accused persons came with deadly weapons and assaulted them. It is further alleged that during maar-pit, petitioner no. 2 assaulted on the head of the father of the informant by spade, resulting in cut injury on his head, and petitioner no. 1 assaulted on the head of the younger brother of the informant by kudal, resulting in injury on his head.

Patna High Court CR. MISC. No.57740 of 2022(2) dt.20-12-2022 2/2 It is submitted by senior learned counsel for the petitioners that petitioners have no criminal antecedent as mentioned in para-3 of the bail application. It is further submitted that there is case and counter case between the parties. There is land dispute between the parties and both parties have sustained grievous injuries.

Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as both sides have sustained grievous injuries, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Aandar P.S. Case No. 32 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Shahnawaz/- U T