Patna High CourtCR. MISC./3129/2025bail granted

Ajay Sah v. The State Of Bihar

2025-02-14Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3129 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Ajay Sah S/O Nagendra Sah R/O Village- Madhuaha Brit, P.S- Rajepur, Dist.- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajepur P.S. Case No. 33 of 2024 dated 12.02.2024 registered for the offences punishable u/s 147, 148, 149, 447, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with 4 to 5 unknown miscreants holding iron pipe and sword came to the door of the informant when he was sitting there and started abusing. On being objected, they attacked on him. When the informant's sons Alok Kumar, Krishn Chand Kumar and Suraj Kumar came on hulla

Patna High Court CR. MISC. No.3129 of 2025(2) dt.14-02-2025 2/3 Alok Kumar sustained injury in his hand and head. The coaccused persons Kanhiya Sah, Pappu Sah and Ajay Sah (petitioner) holding Katta assaulted on his head causing injury. The co-accused Sandeep Sah and Kanhiya Sah assaulted the informant's daughter-in-law and tore her clothes.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. The other co-accused person has already been granted bail by this court vide order dated 09.09.2024 passed in Cr. Misc. No. 57932/2024. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injuries are grievous in nature.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.3129 of 2025(2) dt.14-02-2025 3/3 concerned, East Champaran at Motihari in connection with Rajepur P.S. Case No. 33 of 2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U