Shashibhushan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73678 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- MANSI District- Khagaria ====================================================== 1.

Shashibhushan Shah S/O Bauku Sah Resident of Village- Rohiyar Ward No. 10, P.S- Mansi, District- Khagaria.

2.

Rudul Shah @ Rudal Sah S/O Bauku Sah Resident of Village- Rohiyar Ward No. 10, P.S- Mansi, District- Khagaria.

3.

Manoj Shah S/O Bauku Sah Resident of Village- Rohiyar Ward No. 10, P.SMansi, District- Khagaria. 4.

Chandan Sah S/O Jawahar Sah Resident of Village- Rohiyar Ward No. 10, P.S- Mansi, District- Khagaria.

... ... Petitioners

Versus

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

For the Petitioner :

Mr. Abdul Mannan Khan, Advocate Mr. Hafiz Shahbaz Arif, Advocate For the State :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Mansi PS. Case No.117 of 2024 Dated-, 02.05.2024 registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, & 379 of the Indian Penal Code.

3. As per allegation, an altercation took place, wherein two family members of of the informant got injured.

4. Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.73678 of 2024(3) dt.22-01-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that on account of land dispute, altercation took place, in which both sides sustained injury and there is case and counter case filed from both sides.

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 petitioner nos. 2 and 3 have no criminal antecedents whereas petitioner nos. 1 and 4 have been made accused in one other case each, in which they are on bail.

7. Learned 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 learned Chief Judicial Magistrate, Khagaria in connection with Mansi PS. Case No.117 of 2024, subject to the

Patna High Court CR. MISC. No.73678 of 2024(3) dt.22-01-2025 3/3 conditions as laid down under Section 438 (2) Cr.PC 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 other than the disclosed one, learned 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, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U P