IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64101 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== 1. Manoj Kumar Sah @ Manoj Sah Son of Akalu sah Village- Mathlohiyar Raushan toli, ward no.13, P.S.- Harisdhi, Dist.- East Champaran 2. Vinod Sah Son of Akalu Sah Village- Mathlohiyar Raushan toli, ward no.13, P.S.- Harisdhi, Dist.- East Champaran 3. Awadesh Kumar Son of Akalu Sah Village- Mathlohiyar Raushan toli, ward no.13, P.S.- Harisdhi, Dist.- East Champaran 4. Mukesh Kumar Son of Akalu Sah Village- Mathlohiyar Raushan toli, ward no.13, P.S.- Harisdhi, Dist.- East Champaran 5. Babita Devi Wife of Akalu Sah Village- Mathlohiyar Raushan toli, ward no.13, P.S.- Harisdhi, Dist.- East Champaran 6. Anjali Devi Wife of Manoj Sah @ Manoj Kumar Sah Village- Mathlohiyar Raushan toli, ward no.13, P.S.- Harisdhi, Dist.- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 4 17-03-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Harsidhi P.S. Case No. 229 of 2024 for the offence under Sections 147, 148, 149, 341, 323, 324, 308, 354 (B) 379, 504 and 506 of the Indian Penal Code. 3. As per the prosecution story, that on 22.04.2024 at about 7:30 PM when the son of the informant, namely, Irfan Saifi was sitting at his door, all the petitioners along with co- Patna High Court CR. MISC. No.64101 of 2024(4) dt.17-03-2025 2/4 accused armed with Lathi, Fatta, Hasua and Iron Khanti came at the door of the informant and started abusing her son. On objection made by the son of the informant, Manoj Kumar Sah (petitioner no. 1) and Babita Devi (petitioner no. 5) assaulted him with Iron rod and lathi respectively, due to which he received injuries on his head and fell down on the ground. It is further alleged that when the informant’s another son Afzal came to save him, petitioners Mukesh Kumar, Vinod Sah and Awadhesh Kumar assaulted him with lathi fatta, due to which he received injury on his head and petitioner Anjali Kumar gave hasua blow on Afzal, due to which he received injury on his left hand. It is further alleged that when the informant came to save her sons, petitioner Akalu Sah and his four sons torn the cloths of this informant and petitioner Awadhesh Kumar snatched gold chain worth of Rs. 35,000/- from the next of Afzal. . 4. Learned counsel for the petitioners submits petitioners are quite innocent and they have falsely been implicated in the present case. He submits that the present case is counter version of Harsidhi P. S. Case No. 228 of 2024 lodged by Babita Devi (wife of co-accused Akalu Sah) against the son of the informant. Both parties are co-villagers and next door neighbourers. He further submits that all the offences are Patna High Court CR. MISC. No.64101 of 2024(4) dt.17-03-2025 3/4 bailable in nature except sections 308, 354 (B) and section 379 of the Indian Penal Code, which are not being made out against these petitioners. Injury sustained by the injured is simple in nature 5. Learned APP opposes the prayer. 6. From perusal of the FIR, it appears that there is a specific allegation against Manoj Kumar Sah, (petitioner no. 1) to assault the son of informant (Irfan Saifi) on his head by means of Khanti. The injury report of his son – Ifran Saifi , shows that he has received injury on the left fronto-parieto region of head and abrasion over right knee also. Keeping in view the aforesaid facts, nature of injuries and specific allegation against petitioner no. 1 (Manoj Kkumar Sah), I am not persuaded to enlarge the petitioner no. 1 – Manoj Kumar Sah on anticipatory bail. Accordingly bail application of petitioner no. 1 stands rejected. 7. So far as other petitioners i.e. petitioner nos. 2 to 6 are concerned, there is general and omnibus allegation against them to assault the informant and his son. There is a case and counter case also. Keeping in view the aforesaid facts and general and omnibus allegation against the petitioner nos. 2 to 6, this Court is inclined to enlarge the petitioner nos. 2 to 6 on Patna High Court CR. MISC. No.64101 of 2024(4) dt.17-03-2025 4/4 anticipatory bail. Accordingly bail application of petitioner no. 2 to 6 stands allowed. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 1st Class Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 229 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T