Randhir Kumar Sah @ Randhir Khatik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71496 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- ISHUPUR BARAHAT District- Bhagalpur ====================================================== 1.

Randhir Kumar Sah @ Randhir Khatik Son of Raj Kumar Sah Resident Of Village - Barahat, PS- Ishipur, Dist- Bhagalpur 2.

Karan Kumar Sah @ Karan Kumar son of Raj Kumar Sah Resident Of Village - Barahat, PS- Ishipur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate Mr. Ranjan Kumar Jha, Advocate Mr. Ankit Raj, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard Ld. counsel for the petitioners and Ld. APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Ishipur Barahat P.S. Case No. 71 of 2024, dated 20.04.2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 379 of the Indian Penal Code.

3. As per the allegation, the petitioners along with other co-accused have assaulted the informant and his side.

4. Ld. counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He also submits that there is case and counter case

Patna High Court CR. MISC. No.71496 of 2024(2) dt.23-10-2024 2/3 between the informant and petitioners' side. He also submits that the petitioners are not named in the FIR.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Bhagalpur, in connection with Ishipur Barahat P.S. Case No. 71 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld.

Patna High Court CR. MISC. No.71496 of 2024(2) dt.23-10-2024 3/3 court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) shoaib/- U T