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Patna High CourtCR. MISC./66006/2023allowed

Munna Kumar @ Munna Kumar Sah v. The State Of Bihar

2023-11-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66006 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- THAWE District- Gopalganj ====================================================== 1.

Munna Kumar @ Munna Kumar Sah Son of Bind Ram @ Binda Sah R/o vill - Narainpur, P.S. - Thawe, Distt. - Gopalganj 2.

Monu Kumar @ Manu Kumar Son of Ganpat Sah R/o vill - Narainpur, P.S. - Thawe, Distt. - Gopalganj 3.

Sonu Kumar Sah @ Sonu Kumar Son of Ganpat Sah R/o vill - Narainpur, P.S. - Thawe, Distt. - Gopalganj 4.

Deepak Kumar Sah @ Deepak Kumar Son of Laxman Sah R/o vill - Narainpur, P.S. - Thawe, Distt. - Gopalganj 5.

Ganpat Sah @ Ganpat Son of Late Pundeo Sah R/o vill - Narainpur, P.S. - Thawe, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 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 offences punishable under Sections 341, 447, 323, 324, 325, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per F.I.R., allegation against these petitioner that they along with co-accused person abused and assaulted the informant side and also tried to outrage the modesty of sister-inlaw of informant.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.66006 of 2023(2) dt.02-11-2023 2/2 that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. He further submits that there is case and counter case between the parties and both sides have sustained injury and injury report was found simple in nature which is clear from the impugned order itself. He further submits that in course of investigation it has come that quarrel has taken place when Panchayati between the parties for old issue was going on. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. 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 lower Court where the case is pending/successor Court in connection with Thawe P.S. Case No. 89 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T