Gulab Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78067 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- JADIA District- Supaul ====================================================== 1.

Gulab Sah Son of Motichand Residentsof Village- Tituwaha, Police StationJadiya, District- Supaul. 2.

Uma Chandra Sah Son of Motichand Sah Residentsof Village- Tituwaha, Police Station- Jadiya, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Veena Kumari Jaiswal, Advocate.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Jadia P.S Case No. 06 of 2020 dated 09.01.2020 registered for the offence punishable u/s 341, 323, 452, 379, 384, 504, 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the accused

Patna High Court CR. MISC. No.78067 of 2023(2) dt.15-01-2024 2/3 persons and the petitioners forcibly entered the plant of the informant and started demanding ransom from him and on protest they forcibly stopped the work in the plant and the petitioner no.1 Gulab Sah entered the Dipo and took Rs. 35,700/- from his galla and also assaulted his labour. It is further alleged that the co-accused Lal Sah assaulted him and the petitioner no.2 Umachand Sah started pressing his neck with intent to kill him.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that there is land dispute between the parties. Learned counsel has further submitted that there is general and omnibus allegation against the petitioners. The petitioner no.1 has one criminal antecedent whereas the petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six

Patna High Court CR. MISC. No.78067 of 2023(2) dt.15-01-2024 3/3 weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Jadia P.S Case No. 06 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T