Kuso Sah @ Kusho Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74782 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

Kuso Sah @ Kusho Sah Son of late Ramotar Sah R/o vill - Maheshpur, P.S. - Bhagwanpur, Distt. - Begusarai 2.

Ram Prakash Sah Son of Kuso Sah @ Kusho Sah R/o vill - Maheshpur, P.S. - Bhagwanpur, Distt. - Begusarai 3.

Ram Babu Sah Son of Kuso Sah @ Kusho Sah R/o vill - Maheshpur, P.S. - Bhagwanpur, Distt. - Begusarai 4.

Tetri Devi @ Anita Devi D/o Kuso Sah @ Kusho Sah, W/o Virendra Sah R/o vill - Ajnaul, P.S. and P.O. - Dalsinghsarai, Distt. - Samastipur, Presently R/o vill - Maheshpur, P.S. - Bhagwanpur, Distt. - Begusarai ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Lakshmindra Kumar Yadav, Advocate For the Opposite Party :

Mr.Uday Chand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 307, 504, 506/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners and two unknown persons surrounded the informant and assaulted him with lathi, rod and threw him on the rail track causing him injuries.

4. It is submitted on behalf of the petitioners that petitioner no.4 is wife of the informant, whereas petitioner no.1

Patna High Court CR. MISC. No.74782 of 2023(4) dt.09-04-2024 2/2 is father-in-law and petitioner no. 2 and 4 are brother-in-law of the informant. As a matter of fact, informant is alcoholic and in drunken condition he fell down from the running train and sustained injuries. Taking advantage of the injuries, informant lodged this false case. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Dalsinghsarai, Samastipur in Dalsinghsarai Police Station Case No. 280 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T