Vishal Sah @ Bishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83073 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Vishal Sah @ Bishal Kumar S/o Virendra Sah @ Birendra Sah R/o ward no. 6, Chuhari, P.S. - Chanpatia, Distt.- West Champaran 2.

Virendra Sah @ Birendra Sah S/o late Dhuran Sah R/o ward no. 6, Chuhari, P.S. - Chanpatia, Distt.- West Champaran 3.

Prdip Sah @ Prdeep Kumar S/o Dinesh Sah R/o ward no. 6, Chuhari, P.S. - Chanpatia, Distt.- West Champaran 4.

Malti Devi W/o Suresh Sah R/o ward no. 6, Chuhari, P.S. - Chanpatia, Distt.- West Champaran 5.

Suresh Sah S/o Late Sahdev Sah @ Late Sahdeb Sah R/o ward no. 6, Chuhari, P.S. - Chanpatia, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and Mr.Syed Mojibur Rahman learned APP for the State.

2. Learned counsel for the petitioners submits that petitioner no 2 namely,Virendra Sah has been arrested in this case. In that circumstance, learned counsel for the petitioners seeks permission to withdraw this bail application in respect of petitioner no. 2, namely, Virendra Sah.

3. Permission is accorded.

4. This application is dismissed as withdrawn in

Patna High Court CR. MISC. No.83073 of 2024(2) dt.11-12-2024 2/3 respect of petitioner no. 2.

5. The instant application for anticipatory bail have been filed by the petitioners apprehending their arrest in connection with Chanpatia P.S. Case No. 163 of 2024, registered for the offence under Sections 147,341,323,379,307,504 and 506 of the Indian Penal Code.

6. The case of the prosecution is that petitioners along with others started assaulting the informant.

7. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in the present case. Learned counsel for the petitioners submitted that from the perusal of the FIR, it is clear that the specific allegation is against Pradip Sah, Dinesh Sah, Vikash Sah and Virendra Sah. The allegation against these petitioners are general and omnibus. Petitioners are having no criminal antecedent.

8. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

9. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a

Patna High Court CR. MISC. No.83073 of 2024(2) dt.11-12-2024 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Chanpatia P.S. Case No. 163 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Bettiah, West Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) krishnakant/- U T