Rahul Kumar Sah @ Rahul Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82897 of 2024 Arising Out of PS. Case No.-363 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Rahul Kumar Sah @ Rahul Sah Son of Hari Narayan Sah R/O Vill.- Bishunpura, P.S.- Muffasil, Dist.- Saran at Chapra. 2.

Manish Kumar Son of Tarkeshwar Sah R/O Vill.- Bishunpura, P.S.- Muffasil, Dist.- Saran at Chapra.

3.

Deepak Kumar Son of Manoj Sah R/O Vill.- Bishunpura, P.S.- Muffasil, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Adv.

For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and Mr. Murli Dhar, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Chapra Muffasil P.S. Case No. 363 of 2024 instituted for the offences under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. The case of the prosecution is that on the date of occurrence when the informant was going to his new house at that time petitioners along with others assaulted him badly with lathi, hockey and farsa.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.82897 of 2024(2) dt.10-12-2024 2/2 that from perusal of the Injury report report, it transpires that the informant has received one injury which is simple in nature. He submitted that there is allegation of assault against five persons whereas the doctor has opined only one injury upon the person of the informant, which does not corroborate the prosecution case. Moreover, the petitioners having no criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 363 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashok Kumar Pandey, J) Arish/- U T