Jai Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76311 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== 1.

Jai Kishor Sah Son of Kashi Nath Sah Resident of Village- Sahuchak, P.SSripur, District- Gopalganj 2.

Raj Kishor Sah Son of Kashi Nath Sah Resident of Village- Sahuchak, P.SSripur, District- Gopalganj 3.

Madhu Devi Wife of Jai Kishor Sah Resident of Village- Sahuchak, P.SSripur, District- Gopalganj 4.

Dularo Devi @ Dulari Devi Wife of Kashi Nath Sah Resident of VillageSahuchak, P.S- Sripur, District- Gopalganj 5.

Sabita Devi Wife of Nand Kishor Sah Resident of Village- Sahuchak, P.SSripur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey, Advocate For the State :

Mr. Mukesh Kumar Singh, APP For the Informant :

Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered under Sections 341, 323, 324, 325, 354, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons including these petitioners being armed with lathi, danda and iron rod arrived and started quarreling with the wife of the informant. It is next

Patna High Court CR. MISC. No.76311 of 2024(2) dt.25-11-2024 2/3 alleged that all the accused persons assaulted the informant with lathi, danda and iron rod. It is further alleged that Jai Kishor and Raj Kishor assaulted the informant with iron rod due to which, he received head injury and his left hand was also fractured.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that on perusal of the injury report, it is clear that the informant has received three injuries, out of which one is on the head and two injuries on the hand. The injury on the head is simple in nature, whereas the injuries on the hand are grievous in nature. Though injury nos. 2 and 3 are grievous in nature but these injuries only attract Section 325 of the Indian Penal Code. It is lastly submitted that petitioners have got no criminal antecedent.

5. Learned counsel for the State as well as for the informant opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.76311 of 2024(2) dt.25-11-2024 3/3 of learned Chief Judicial Magistrate, Gopalganj in connection with Sripur P.S. Case No. 56 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashok Kumar Pandey, J) utkarsh/- U T