← Library
Patna High CourtCR. MISC./79658/2023allowed

Naresh Sah v. The State Of Bihar

2023-12-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79658 of 2023 Arising Out of PS. Case No.-614 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

NARESH SAH son of Sheo Lochan Sah Village- Barhmpur Ps- Banjariya Dist- East Champaran 2.

ABHIMANYU KUMAR @ ABHIMANYU SAH son of Sheo Lochan Sah Village- Barhmpur Ps- Banjariya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioners along with other persons are of assaulted the son of the informant by means of lathi and danda due to which he got injured.

4. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case and they have no criminal antecedent mentioned in Para 3 of the bail application. Allegation against petitioner no. 1 there

Patna High Court CR. MISC. No.79658 of 2023(2) dt.14-12-2023 2/2 is general and omnibus allegation and against petitioner no. 2 is that he snatched Rs. 10,000/- from the pocket of the informant. He further submits that there is specific allegation against coaccused Narad Sah, Ranjeet Saha and Sonalal Sah who assaulted the son of the informant by means of knife cut injury was found grievous in nature.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and also there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Turkauliya (Banjariya) P.S. Case No. 614 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Ranjeet/- U T