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Patna High CourtCR. MISC./86459/2023allowed

Arun Sah v. The State Of Bihar

2024-01-23Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86459 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- MANSI District- Khagaria ====================================================== 1.

Arun Sah Son of Late Narayan Sah Resident of Village - Chakhusaini, P.S.- Mansi, District - Khagaria.

2.

Yogi Sah @ Yogendra Sah Son of Late Kishun Sah Resident of Village - Chakhusaini, P.S.- Mansi, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Adv For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP For the Informant Mr. Santosh Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioners seek regular bail in connection with Mansi P.S.Case No. 107 of 2023 for the offence registered under Sections 447, 448, 323, 307, 354, 379, 427, 506/34 of the Indian Penal Code.

3. As per the prosecution case, 19 accused persons named in the FIR including the petitioner entered into the house of the informant and on order of Deepak Kumar Vidyarthi co-accused persons assaulted her and her

Patna High Court CR. MISC. No.86459 of 2023(2) dt.23-01-2024 2/3 two sons which caused head injury to them.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to previous litigation bet ween the parties. There is general and omnibus allegation. There is no allegation of overt act alleged against the petitioners. The allegation against the petitioners are that they are the members of mob. The injured sustained simple injury and it is not attributed to the petitioners. The petitioners have clean antecedent and they are in custody since 24.08.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of the parties, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs, 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S.Case No. 107 of 2023.

(Sunil Dutta Mishra, J) N.K/-

Patna High Court CR. MISC. No.86459 of 2023(2) dt.23-01-2024 3/3 U T