Md Kaisar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71886 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

MD KAISAR SAH Son of Late Aavash Sah Resident of Village- Maintha, P.S.- K.Asthan, District- Darbhanga.

2.

Md. Sonu Sah Son of Md. Ijhar Sah Resident of Village- Maintha, P.S.- K.Asthan, District- Darbhanga.

3.

Md. Dulare Sah Son of Md. Ijhar Sah Resident of Village- Maintha, P.S.- K.Asthan, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with K. Asthan P.S. Case no. 107 of 2021 instituted for the offence punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner no. 1 tied the neck of son of the informant and on his order petitioner nos. 2 and 3 have inflicted knife blow on his stomach.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are is innocent and have been falsely

Patna High Court CR. MISC. No.71886 of 2021(2) dt.20-07-2022 2/2 implicated in this case. As per injury report, son of the informant has sustained only one injury in his stomach which is simple in nature and the same is not corroborated by the prosecution story. There is case and counter case. Both parties have sustained injury in the alleged incident. The petitioners are men of clean antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with K. Asthan P.S. Case no. 107 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 4th, Biraul, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U