Ganesh Sah @ Bala Lakhandar @ Ganesh Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65916 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
Ganesh Sah @ Bala Lakhandar @ Ganesh Gupta Son Of Rameshwar Sah Resident Of Village- Atirpur Tola Raghunathpur, Ps- Chiraiya, Dist- East Champaran 2.
Randhir Prasad Son Of Raj Kumar Sah Resident Of Village- Atirpur Tola Raghunathpur, Ps- Chiraiya, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon For the Opposite Party/s :
Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 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 offences punishable under Sections 302/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with other co-accused persons entered into the house of the informant and assaulted the brother of the informant as a result of which he died.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.65916 of 2023(5) dt.05-03-2024 2/2 the postmortem report does not show any external or internal injury and the nature of the death was reserved. 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 Chiraiya P.S. Case No.96 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T