Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73199 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Suresh Sah Son Of Late Jhari Singh R/O Village- Chilmil Ward No.05, P.S.- Muffasil, District- Begusarai 2.

Bipeen Kumar @ Bipin Sah Son Of Suresh Sah R/O Village- Chilmil Ward No.05, P.S.- Muffasil, District- Begusarai 3.

Veer Kumar @ Bir Kunwar Kumar Son Of Suresh Sah R/O Village- Chilmil Ward No.05, P.S.- Muffasil, District- Begusarai 4.

Kailash Kumar Son Of Suresh Sah R/O Village- Chilmil Ward No.05, P.S.- Muffasil, District- Begusarai 5.

Sita Kumari D/O Suresh Sah R/O Village- Chilmil Ward No.05, P.S.- Muffasil, District- Begusarai 6.

Rinku Kumari @ Rinki Devi Wife Of Bipeen Kumar R/O Village- Chilmil Ward No.05, P.S.- Muffasil, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 307, 504, 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos.5 and 6 are women, petitioner no.1 is a senior citizen,

Patna High Court CR. MISC. No.73199 of 2022(3) dt.19-06-2023 2/3 petitioner no.3 and 4 are young boys aged about 22 and 18 years and petitioner no.2 is aged about 29 years.

It is next submitted that the informant alleges that on 04.08.2022, when he was in his house when the accused persons including the petitioners came variously armed and started abusing him and when the informant protested, accused Bipin Sah gave orders to kill, on which Ganga Devi and Bipin Sah caught the informant and Suresh Sah assaulted him on head with iron rod causing injury and thereafter, the accused persons assaulted him with lathi, danda and butt of pistol. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the issue was trivial on which the alleged occurrence took place. It is further submitted that no doubt, it is alleged that informant was assaulted on head causing injury, but then, the injury found was simple in nature and the blow was not repeated and petitioners and the informant are neighbours.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are

Patna High Court CR. MISC. No.73199 of 2022(3) dt.19-06-2023 3/3 persons with clean antecedents, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P. S. Case No.399 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T