Surendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81927 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.
SURENDRA SAH SON OF LATE CHANDRA KISHOR SAH RESIDENT OF VILLAGE- LAHORIA (GOPALPUR), P.S.- RAJOUN, DISTRICTBANKA, BIHAR 2.
SAMFUL SAH @ SAMFUL KUMAR @ SAMPHUL KUMAR SON OF LATE CHANDRA KISHOR SAH RESIDENT OF VILLAGE- LAHORIA (GOPALPUR), P.S. RAJOUN, DISTRICT- BANKA, BIHAR. 3.
LALITA DEVI WIFE OF SURENDRA SAH RESIDENT OF VILLAGELAHORIA (GOPALPUR), P.S. RAJOUN, DISTRICT- BANKA, BIHAR. 4.
MANORAMA DEVI WIFE OF LATE CHANDRA KISHOR SAH RESIDENT OF VILLAGE- LAHORIA (GOPALPUR), P.S. RAJOUN, DISTRICT- BANKA, BIHAR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Prashant Kumar, Advocate For the State :
Mr. Pramod Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, these petitioners are alleged to have assaulted the informant and others. It is further alleged that Petitioner No. 1 gave iron rod blow on the head of the informant and when Shashikant Sah came to save him, Petitioner No. 2 assaulted him by means of iron rod.
Patna High Court CR. MISC. No.81927 of 2023(3) dt.19-03-2024 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that due to land dispute between the parties, a simple maar-peet took place in which both sides sustained injuries. It is further submitted that there is case and counter-case and case lodged by the petitioner's side against the informant and others is earlier in point of time. It is further submitted that there is no allegation of assault against Petitioner Nos. 3 and 4, who are ladies. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 learned CJM, Banka, in connection with Rajoun P.S. Case No.321 of 2023, subject to condition as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.81927 of 2023(3) dt.19-03-2024 3/3 Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T