Dhupesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80715 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.
DHUPESH SAH S/O KARJHIGAN SAH R/O VILLAGE- UCHI PHATIYA, P.S- RAMGARHWA, DISTT.- EAST CHAMPARAN. 2.
KARJHIGAN SAH S/O LATE ASHARFI SAH R/O VILLAGE- UCHI PHATIYA, P.S- RAMGARHWA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Ms.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ramgarhwa Police Station Case No. 275 of 2023, dated 03.07.2023, disclosing offences punishable under Sections 341/323/324/307/354/379/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioners, along with other co-accused persons, assaulted the informant and her family members by means of farsha, sword, lathi, iron rod etc.
4. Learned Counsel for the petitioners submits that
Patna High Court CR. MISC. No.80715 of 2023(2) dt.18-01-2024 2/3 altogether nine persons have been made accused in this case and the allegation against the petitioners is general and omnibus in nature. He next submits that the specific allegation of assault upon the son of the informant is against Muneshwar Sah and Rahul Kumar. No specific allegation of assault is there against the petitioners and there is previous land dispute between the parties.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that there is general and omnibus allegation against the petitioners and land dispute is also there between the parties, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released 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 Sub Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran, in connection with Ramgarhwa Police Station Case No. 275 of 2023, subject
Patna High Court CR. MISC. No.80715 of 2023(2) dt.18-01-2024 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √