Rajo Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89736 of 2024 Arising Out of PS. Case No.-91 Year-2024 Thana- KORMA District- Sheikhpura ====================================================== 1.
Rajo Saw, Son of Late Sita Ram Saw Village- Puraina P.S. -Korma District -Sheikhpura 2.
Arjun Saw @ Arun Saw, Son of Late Sita Ram Saw Village- Puraina P.S. -Korma District -Sheikhpura 3.
Naveen Kumar @ Naveen Saw son of Sri Arjun Saw @ Arun Saw VillagePuraina P.S. -Korma District -Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prakash Mahto, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-01-2025 Heard Mr. Prakash Mahto, learned counsel for the petitioners and Mr. Rajendra Singh, learned APP for the State.
2. At the outset, it is submitted by petitioners' counsel that the petitioner no.1 (Rajo Saw) has been arrested, so, the instant petition has become infructuous in respect of his prayer and therefore, he wants to withdraw his prayer.
3. Permission as sought above is granted and the instant petition in respect of the prayer of the petitioner no.1 (Rajo Saw) stands dismissed as being infructuous.
4. The petitioner no. 2 (Arjun Saw @ Arun Saw) and the petitioner no.3 (Naveen Kumar @ Naveen Saw) apprehend
Patna High Court CR. MISC. No.89736 of 2024(2) dt.08-01-2025 2/3 their arrest in connection with Korma P. S. Case No. No. 91 of 2024 dated 05.08.2024 registered for the offence(s) punishable under Section(s) 126(2), 115(2), 118(1), 109, 74, 76, 352, 351(2) and 3 (5) of the B.N.S.
5. The main submissions advanced by the learned counsel for the petitioners are that both the parties are relatives and a free fight took place between them on the alleged day and time of occurrence and from the petitioners' side several persons including the petitioner no.2 and the co-accused Rajo Saw sustained serious injuries and from the informant's side, three persons are said to have sustained injuries whose injury reports have been filed as Annexure- P/2 series which shows that they sustained simple injuries and a land dispute which was admittedly running in between both the parties is said to be the genesis of the occurrence and the petitioners have fair and clean antecedent.
6. Learned APP appearing for the State has opposed the bail prayer of the petitioners.
7. Having considered the above submissions advanced by the learned counsel for the petitioners and also taking into account the fair and clean antecedent of the petitioners and the genesis of the occurrence and petitioners' plea as to free fight
Patna High Court CR. MISC. No.89736 of 2024(2) dt.08-01-2025 3/3 having taken place in between both the parties, this court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let the petitioner no. 2 (Arjun Saw @ Arun Saw) and the petitioner no. 3 (Naveen Kumar @ Naveen Saw), in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Korma P. S. Case No. 91 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 484(2) of the B.N.S.S. (Shailendra Singh, J) Rajiv/- U T