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Patna High CourtCR. MISC./1533/2022bail granted

Sohan Saw @ Sohan Sah v. The State Of Bihar

2022-06-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1533 of 2022 Arising Out of PS. Case No.-122 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

SOHAN SAW @ SOHAN SAH 2.

ROHAN SAW @ ROHAN SAH Both Sons of Ashok Saw Resident of Munshi Patti Kalisthan, P.S. - Sultanganj, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated that the eight named accused persons including the two petitioners herein came variously armed. The informant further makes specific allegation of assault on Roshan Saw, wife of Rohan Saw, Vijay Saw and Indu Devi of having assaulted the informant and other members of his family leading to serious injuries. It is submitted by learned counsel for the petitioners that from perusal of the F.I.R. itself, it would transpire that no

Patna High Court CR. MISC. No.1533 of 2022(2) dt.09-06-2022 2/2 specific overt act has been alleged against these two petitioners who have been falsely implicated in the case by the informant who are neighbours and a title suit is pending between the parties. The petitioners are in custody since 25.8.2021 and investigation in the case is complete.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the F.I.R. wherein no specific overt act has been levelled against these two petitioners, the petitioners having remained in custody for 9 months and investigation in the case having been completed, the Court directs the two petitioners to be enlarged on bail in connection with Sultanganj P.S. Case no.122 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bhagalpur. (Partha Sarthy, J) Saurabh/- U T