Jitlal Sah @ Jitlal Prasad @ Hitlal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67297 of 2024 Arising Out of PS. Case No.-745 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Jitlal Sah @ Jitlal Prasad @ Hitlal Sah Son of Late Kodaee Sah Resident of Tharghatwa, Ward no. 9, P.S.- Muffasil, Dist.- East Champaran. 2.

Deepak Sah @ Deepak Kumar Son of Jitlal Sah @ Jitlal Prasad @ Hitlal Sah Resident of Tharghatwa, Ward no. 9, P.S.- Muffasil, Dist.- East Champaran.

3.

Prince Sah @ Prince Kumar Son of Ashok Sah Resident of Tharghatwa, Ward no. 9, P.S.- Muffasil, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 379, 308, 324, 504 & 34 of the Indian Penal Code.

3. As per the prosecution case, on 22.10.2023 at about 9 AM, all the F.I.R. named accused persons including these petitioners came at the door of informant and started abusing informant and on protest, all the accused attacked the informant. It is further alleged that on the order of petitioner no. 1 (Jitlal Sah), petitioner no. 2 (Deepak Sah) assaulted informant with

Patna High Court CR. MISC. No.67297 of 2024(2) dt.08-10-2024 2/3 iron rod and petitioner no. 3 (Prince Sah @ Prince Kumar) assaulted informant with lathi, due to which informant sustained injuries. In the meantime, other co-accused persons assaulted with knife and lathi to son of informant. It is next alleged that accused persons also snatched Rs. 4500/- from the pocket of informant and co-accused Munna Sah snatched gold locket of lord Hanuman from the neck of informant's son.

4. Learned counsel for the petitioners submits that due to petty dispute, a simple Maarpeet took place between the parties, in which both sides sustained injuries. There is case and counter case. The injuries, caused by petitioners to informant, are simple in nature. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari / concerned Court in connection with Motihari Muffasil P.S. Case No. 745 of 2023, subject to condition as laid down under

Patna High Court CR. MISC. No.67297 of 2024(2) dt.08-10-2024 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T