Allowed

Prabhu Narayan Sah v. the State of Bihar

Patna HC1 May 2023CR. MISC./299/2023

Case brief

AI extract

What is this about?

This court dismissed the anticipatory bail petition and granted anticipatory bail to the petitioners in a case involving multiple IPC sections for rioting and assault. The court noted lack of specific allegations but granted bail subject to statutory conditions.

What did the court decide?

Petitioners granted anticipatory bail to be released upon arrest or surrender within eight weeks, conditioned on furnishing a bail bond of Rs. 20,000 each with two sureties.

Prabhu Narayan Sah Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.299 of 2023

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Arising Out of PS. Case No.-685 Year-2022 Thana- MADHEPURA District- Madhepura

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======================================================

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Prabhu Narayan Sah, S/O Baldeo Sah, R/V- Pathraha, P.S.- Madhepura, District- Madhepura

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Anil Sah @ Anil Kumar, S/O Harilal Sah, R/V- Pathraha, P.S.- Madhepura, District- Madhepura

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Bijli Sah @ Bijendra Sah, S/O Khushilal Sah, R/V- Pathraha, P.S.Madhepura, District- Madhepura

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Mantosh Sah @ Mantosh Kumar, S/O Late Umesh Sah, R/V- Pathraha, P.S.Madhepura, District- Madhepura

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Dilkhush Kumar @ Balram, S/O Ravindra Sah, R/V- Pathraha, P.S.Madhepura, District- Madhepura

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Sharvan Sah @ Kali Sah, S/O Prabhu Narayan Sah, R/V- Pathraha, P.S.Madhepura, District- Madhepura

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP For the Informant : Mr. Suman Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 01-05-2023

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Heard learned counsel for the petitioners and

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learned APP for the State as well as learned counsel for the informant.

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In the present case, the petitioners are apprehending their arrest in connection with Madhepura (Ghailar O.P.) P.S. Case No. 685 of 2022 registered for the alleged offences under Sections 147, 148, 149, 341, 323, 324, 379, 354-A, 307, 504 and 506 of the Indian Penal Code.

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Patna High Court CR. MISC. No.299 of 2023(2) dt.01-05-2023 2/4

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As per prosecution case, petitioners along with 12 FIR named co-accused persons and 4-5 unknown persons, making unlawful assembly which was armed with lathi , danda , iron rod and khanti, reached the house of the informant and started uprooting the pillers of the under construction house of the informant. Later on these persons assaulted the cousin and other family members of the informant, causing a number of injuries to them.

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The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegations are mostly general and omnibus against all the accused persons and there is no specific allegation against any of the petitioners. Though the allegation is that the petitioners and other co-accused indiscriminately assaulted a number of persons of the informant side but from the injury report it appears that none of them have sustained multiple injuries and the injuries sustained by them are simple in nature. So prosecution case against the petitioners is falsified. Moreover, the injuries are not on any of the vital parts. Learned counsel further submits that the present case is counter case as the petitioners has filed case vide Ghailar P.S. Case No. 686 of 2022. The petitioners’ side gave its written report to the police

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Patna High Court CR. MISC. No.299 of 2023(2) dt.01-05-2023 3/4

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prior to the registration of the case of the informant but the case of the petitioners’ side was not registered earlier. Learned counsel further submits that there is land dispute between the parties and proceeding under Sections 107 and 144 of Cr.P.C. is going on. Learned counsel further submits that no offence under Section 307 of IPC is made out against the petitioners and Section 379 of IPC is ornamental.

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Learned APP as well as learned counsel for the informant oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that the injured were taken to Patna Medical College and Hospital and Birendra Sah and Surendra Sah have received head injuries due to physical assault. The injury report of Surendra Sah has been found to be grievous.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and also considering the lack of specific allegation against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the

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Patna High Court CR. MISC. No.299 of 2023(2) dt.01-05-2023 4/4

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like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Ghailar) P.S. Case No. 685 of 2022, subject to the conditions mentioned

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in Section 438(2) of the Cr.P.C. and the following conditions:

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(i) One of the bailors will be a close relative

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of the petitioners.

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(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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balmukund/-

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U T

Prabhu Narayan Sah v. the State of Bihar

Case brief

What is this about?

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Prabhu Narayan Sah v. the State of Bihar

Case brief

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