Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68487 of 2024 Arising Out of PS. Case No.-272 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

Vikash Sah Son of Late Badri Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 2.

Chandan Sah son of Late Badri Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 3.

Vinod Sah Son of Late Badri Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 4.

Binda Sah son of Bagnarayan Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 5.

Shatrudhan Sah @ Shatrughan Sah Son of Binda Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 6.

Sitam Sah Son of Baldeo Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 7.

Bhagwan Sah Son of Bhikham Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan 8.

Karan Kumar @ Karan Sah Son of Jaladhar Sah Village- Phulwariya, Ps -Sugauli, District -East Chamaparan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsels for the parties.

2.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1, as he has been arrested by the police during the pendency of the bail application.

3.

Permission is granted.

Patna High Court CR. MISC. No.68487 of 2024(2) dt.20-12-2024 2/3 4.

Accordingly, this application as against the petitioner no.1 is dismissed as withdrawn.

5.

Now, this application is being heard only with regard to the petitioner nos.2 to 8.

6.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 385, 379, 120B and 504/34 of the Indian Penal Code. 7.

As per the FIR, the petitioners along with other coaccused persons are said to have assaulted the informant and his son.

8.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is further submitted that though one of the injury was found grievous in nature but the specific allegation is against co-accused, namely, Jalandhar Sah and Mantu Sah. There is admitted land dispute between the parties. Petitioners have no criminal antecedent.

9.

Learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.68487 of 2024(2) dt.20-12-2024 3/3 anticipatory bail.

10.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner nos.2 to 8, let the above named petitioner nos.2 to 8, 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 court below where the case is pending/Successor Court in connection with Sugauli P.S. Case No.272 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

11.

Accordingly, this application stands allowed with respect to the petitioner nos.2 to 8.

(Anjani Kumar Sharan, J) shikha/- U T