Ramadhar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69499 of 2024 Arising Out of PS. Case No.-471 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Ramadhar Sah S/o Bhikari Sah Resident of Village- Durgawaliya, PSShikarpur, Distt. - West Champaran 2.

Premchandra Sah @ Shyam Kumar S/o Ramadhar Sah Resident of VillageDurgawaliya, PS- Shikarpur, Distt. - West Champaran 3.

Dharmendra Sah S/o Ramadhar Sah Resident of Village- Durgawaliya, PSShikarpur, Distt. - West Champaran 4.

Gopichand Sah @ Mohichandra Sah S/o Ramadhar Sah Resident of VillageDurgawaliya, PS- Shikarpur, Distt. - West Champaran 5.

Maina Devi @ Mainee Devi W/o Ramadhar Sah Resident of VillageDurgawaliya, PS- Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 118(1), 352, 351(2), 191(3), 191(2), 190 of the BNSS, 2023.

3. Petitioners along with other accused persons are said have assaulted the son of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that

Patna High Court CR. MISC. No.69499 of 2024(2) dt.17-10-2024 2/2 the injury found upon the victim is simple in nature. He submits that there is admitted land dispute between the parties. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Shikarpur P.S. Case No. 471 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

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