Sikandar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63577 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== 1.

SIKANDAR SADA S/O BECHAN SADA RESIDENT OF BOCHGHASKA, PS- MORKAHI, DISTT- KHAGARIA 2.

Chandan Chaudhary S/o Sagar Chaudhary RESIDENT OF BOCHGHASKA, PS- MORKAHI, DISTT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Santosh Kumar Singh, Advocate For the State :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 307, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on 30.08.2023 at about 9 AM when the informant went to see his fields and saw that all the F.I.R. named accused persons, including these petitioners, were cutting crops from his fields and upon protest, all the accused persons abused and assaulted informant with lathi, danda and

Patna High Court CR. MISC. No.63577 of 2024(5) dt.08-01-2025 2/3 fists due to which informant sustained severe injuries and fell down on the ground.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. Doctor has found the injuries sustained by the injured to be simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, nature of accusation and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned C.J.M., Khagaria, in connection with Morkahi P.S. Case No. 114 of 2023, subject to

Patna High Court CR. MISC. No.63577 of 2024(5) dt.08-01-2025 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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