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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28038 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- CHAKIA District- East Champaran ======================================================
1. Baleshwar Sah S/o Mahesh Sah R/o vill - Banshghat, P.S.- Chakia, Distt- East Champaran
2. Mahesh Sah S/o Late Chethru Sah R/o vill - Banshghat, P.S.- Chakia, Distt- East Champaran
3. Geeta Devi W/o Baleshwar Sah R/o vill - Banshghat, P.S.- Chakia, Distt- East Champaran
4. Sunita Devi W/o Dharmendra Sah R/o vill - Banshghat, P.S.- Chakia, Distt- East Champaran
5. Dharmendra Kumar @ Dharmendra Sah S/o Mahesh Sah R/o vill - Ban- shghat, P.S.- Chakia, Distt- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nafisu Zzoha For the Opposite Party/s : Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-05-2025 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application on behalf of the petitioner No. 1 (Baleshwar Sah). 2. It is accordingly dismissed as withdrawn on behalf of the petitioner No. 1. Now, this petition is confined only to petitioners No. 2 to 5. 3. Heard learned counsel for the petitioners and learned APP appearing on behalf of the State. 4. The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.28038 of 2025(2) dt.07-05-2025 2/3 with Chakia P.S. Case No. 386 of 2024 for the offences punish- able under Sections 126(2)/115(2)/118(1)/109/303(2) and 3(5) of the BNS. 5. As per the F.I.R., these petitioners along with the other co-accused persons assaulted the informant with lathi, danda and spade. 6. Learned counsel for the petitioner submits that the petitioners have been falsely implicated in this case. He further submits that dispute over boundary-wall of the land in question led to marpit. Learned counsel for the petitioner further submits that there is general and omnibus allegation against petitioner. The specific allegation of assault is against Baleshwar Sah. The injuries sustained by the injured is simple in nature. The peti- tioners have clean antecedent. 7. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. 8.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within eight weeks from today, the petitioners (except petitioner No. 1) be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thou- sand) each with two sureties of the like amount each to the satis-
Patna High Court CR. MISC. No.28038 of 2025(2) dt.07-05-2025 3/3 faction of the C.J.M., East Champaran, Motihari in connection with Chakia P.S. Case No. 386 of 2024, subject to the conditions laid down in Section 482 of the BNSS. Saif/- (Prabhat Kumar Singh, J) U T