Ganesh Sah @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85174 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Ganesh Sah @ Ganesh Kumar son of Bhushan Sah Village -Belwatiya PS -Sugauli Dist- East Champaran 2.

Guddu Kumar @ Gudu Sah Son of Bhulan Sah Village -Belwatiya PS -Sugauli Dist- East Champaran 3.

Pramod Sah son of Late Jawahir Sah Village -Belwatiya PS -Sugauli DistEast Champaran 4.

Ravi Kumar @ Ravi Kishan Kumar Son of Vidhachal Sah Village -Belwatiya PS -Sugauli Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Prerna Anand, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. As per prosecution case on 28.3.24 at 8:30 AM, while informant was sitting at his door, all the F.I.R. named accused persons including these petitioners came and assaulted informant and his family members by means of farsa and rod as

Patna High Court CR. MISC. No.85174 of 2024(4) dt.05-02-2025 2/3 a result of which they sustained injury.

4. Learned counsel appearing for the petitioners submits that due to land dispute between the parties, free fight took place in which both sides sustained injuries. Case and counter case. Injuries allegedly caused by petitioner Nos. 2, 3 & 4 are simple in nature.

5. Learned counsel for the State opposed the bail application and submits that injury caused by petitioner No. 1 is grievous in nature.

6. In view of the fact that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner No. 1 is refused.

7. However, considering the nature of accusation and simple injury, the anticipatory bail with regard to petitioner Nos. 2, 3 & 4 is allowed and it is ordered that the above named petitioner Nos. 2, 3 & 4 in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Sugauli P. S. Case No. 142 of 2024, subject to condition as laid down under

Patna High Court CR. MISC. No.85174 of 2024(4) dt.05-02-2025 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T