Dayanand Sah @ Dayanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88553 of 2024 Arising Out of PS. Case No.-701 Year-2020 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.
Dayanand Sah @ Dayanand Kumar S/o Late Bodhan Sah R/o VillageBabhangama, PS- Gangaur (O.P.), P.S. and District- Khagaria 2.
Sanjeev Sah @ Sanjeev Kumar S/o Dayanand Sah R/o VillageBabhangama, PS- Gangaur (O.P.), P.S. and District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rama Kant Sharma, Sr. Advocate Mr. Ravi Ranjan Kumar, Advocate Mr. Mayank Raj, Advocate Mr. Avinash Kumar, Advocate For the State :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 448, 436, 452 and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 18.11.2020 at about 6 PM, while the complainant was working at his residential house, in the meantime, all the accused persons named in the complaint petition, including these petitioners, armed with weapons, abused the complainant and asked to withdraw the case which was earlier lodged by the complainant. It is further alleged that on the order of Petitioner No. 1, co-
Patna High Court CR. MISC. No.88553 of 2024(2) dt.20-01-2025 2/3 accused Dayanand Sah and Umesh Sah sprinkled oil on house of complainant and co-accused Hariom Sah set the house on fire as a result of which household articles of the complainant got damaged.
4. It is submitted by learned senior counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence as alleged in the complaint petition. It is further submitted that for the same set of occurrence the complainant firstly instituted a case bearing Khagaria (Gangaur) P.S. Case No. 870 of 2020 dated 20.11.2020 for the offences punishable under Sections 435 and 34 of the Indian Penal Code in which case the police after investigation submitted final form vide Final Report No. 15 of 2021 dated 30.01.2021 with a finding that the allegations against the named accused persons, including these petitioners, have been found to be false. Thereafter, the complainant filed the instant complaint case on 02.12.2020 with similar allegations.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioners is
Patna High Court CR. MISC. No.88553 of 2024(2) dt.20-01-2025 3/3 allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned Judicial Magistrate 1st Class, Khagaria, in connection with Complaint Case No. 701(C) of 2020, subject to condition as laid down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T