Birendra Sah @ Bijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59419 of 2019 Arising Out of PS. Case No.-302 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.

Birendra Sah @ Bijendra Kumar, Son of Sukhdeo Sah, Resident of VillageMotirajpur, P.S.- Garkha, District- Saran at Chapra. 2.

Sunil Kumar @ Sunil Kumar Gupta, Son of Late Kamaldeo Pd. Gupta, Resident of Village- Motirajpur, P.S.- Garkha, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This is an application for grant of anticipatory bail in connection with Garkha P. S. Case No. 302 of 2019, disclosing offences under Sections 341, 323, 324, 326, 307, 504, 34 of the Indian Penal Code.

As per F.I.R. the occurrence took place as the informant was not supplied the Pakauri, on which, the accused persons assaulted him and there is specific allegation against other accused persons of causing injury by sharp weapons. Petitioners are also named in the F.I.R.

Submission of the learned counsel for the petitioners is that there is no specific allegation against the petitioners and they have falsely been implicated in this case. It has further been submitted that there is case and counter case between the parties

Patna High Court CR. MISC. No.59419 of 2019(2) dt.19-09-2019 2/2 and persons from the informant side has received several stab injuries also.

Heard learned A.P.P. also.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioners, above named, surrender before the court below within two weeks from the date of receipt of certified copy of this order, on surrender, they will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M. XIV, Saran at Chapra, in connection with Garkha P. S. Case No. 302 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T