Faruk Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69665 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- PALANWA District- East Champaran ====================================================== 1.

Faruk Sah S/O- Late Mahabub Sah R/O- Village- Binwa Tola, Ward No.- 8, P.O.- Jaitpur, P.S.- Palanwa, Dist.- Wast Champaran 2.

Shajaad Sah S/O- Late Mahabub Sah R/O- Village- Binwa Tola, Ward No.- 8, P.O.- Jaitpur, P.S.- Palanwa, Dist.- Wast Champaran 3.

Samshad Sah S/O- Late Mahabub Sah R/O- Village- Binwa Tola, Ward No.- 8, P.O.- Jaitpur, P.S.- Palanwa, Dist.- Wast Champaran 4.

Sabir Sah @ Sabir Alam @ Sabir Anwar S/O- Faruk Sah R/O- VillageBinwa Tola, Ward No.- 8, P.O.- Jaitpur, P.S.- Palanwa, Dist.- Wast Champaran 5.

Nasim Sah @ Nasim Alam S/O- Sajeed Sah R/O- Village- Binwa Tola, Ward No.- 8, P.O.- Jaitpur, P.S.- Palanwa, Dist.- Wast Champaran ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Prateek Tandon, Advocate For the Opposite Party :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Palanwa P.S. Case No. 122 of 2023, registered for the offences punishable under Sections-341), 323, 307, 379 of the Indian Penal Code.

3. Allegedly, the petitioners having armed with knife, farsa, lathi etc. came at the land of the informant and started cultivating his land. On protest raised by the informant, the accused-petitioners assaulted the informant as a result of which,

Patna High Court CR. MISC. No.69665 of 2023(2) dt.01-11-2023 2/2 he sustained injury. Some cash and ornament of the informant is also alleged to be snatched away in course of the occurrence.

4. Learned counsel for the petitioners has submitted that there is case and counter case between the parties and the case lodged by the defence side is earlier to the present case. The petitioners are the persons of clean antecedent and the injuries suffered by the informant are simple in nature.

5. On the other hand, learned Additional Public Prosecutor appearing for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate East Champaran, Motihari in connection with Palanwa P.S. Case No. 122 of 2023, subject to the conditions as laid down under section 438(2) of the CrPC.

(Nawneet Kumar Pandey, J) A.K.V.//- U T