Dinesh Sah @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65077 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== 1.
DINESH SAH @ DINESH KUMAR S/o Deo Narayab Sah Residents of village- Rajpur, P.S.- Kishanpur, District- Supaul 2.
DEO NARAYAN SAH S/o Tanuk Sah Residents of village- Rajpur, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :
Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
Learned counsel for the petitioners filed a supplementary affidavit in the Court. Let the same be accepted and kept on record.
The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 325, 379, 354(B), 308, 504, 34 of the Indian Penal Code. The allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant and his wife due to which they sustained injuries. It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.65077 of 2022(2) dt.19-01-2023 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the specific allegation is against the petitioner no.2 to assault over the head of the wife of the informant but the injury sustained by her is simple in nature. He further submits that so far the fracture of hand of the informant is concerned, it was caused by unknown persons. Petitioners have no criminal antecedent, as also mentioned in paragraph-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, 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) each 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 Kishanpur P.S. Case No.126 of 2021,
Patna High Court CR. MISC. No.65077 of 2022(2) dt.19-01-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T