Nandu Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7530 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- KORMA District- Sheikhpura ====================================================== Nandu Saw S/O Late Sitaram Saw R/O Vill.- Puraina, P.S.- Korma, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarita Kumari For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Korma P.S. Case No. 92 of 2024 registered under Section 126(2), 115(2), 118(1), 117(2), 118(2), 109, 352, 351(2), 3(5) of the B.N.S. Act and Section 3 / 4 of the Bihar Dian Act, 1999.

3. As per the prosecution story on 04.08.2024 in the evening the petitioner along with other accused persons, total twelve in number, entered into the house of the informant, abused her and assaulted her and her family members. It has been alleged that the petitioner has assaulted the informant by means of sword on her head.

4. Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them, which would be evident from the F.I.R. lodged by side of

Patna High Court CR. MISC. No.7530 of 2025(3) dt.19-02-2025 2/3 petitioner bearing Korma P.S. Case No. 91 of 2024 dated 05.08.2024, which is prior to the present F.I.R. lodged by the informant. The informant's side assaulted the side of the petitioner and some of the persons sustained injuries from the petitioner's side for which the aforesaid F.I.R. was drawn. The informant after lodging of the F.I.R. by the petitioner's side lodged the present F.I.R. against the petitioner and others as a counter blast. In the FIR lodged by the petitioner's side some accused persons from the informant's side have been granted anticipatory bail by this court in Cr. Misc. No. 89736 of 2024. The co-accused persons have also been granted anticipatory bail by this court in Cr. Misc. No. 79136 of 2024 dated 30.01.2025. Referring to annexure -P/4 i.e. injury report, learned counsel submits that the informant has sustained simple injury. The petitioner is in custody since 28.11.2024.

5. Regard being had to the submissions made by the parties, taking into consideration the fact that both the parties are agnates, there is case and counter case between them, injury caused to the informant is simple in nature and the petitioner is in custody since 28.11.2024, as such, I am inclined to grant regular bail to the petitioner.

6. Let the petitioner, above named, be released on regular

Patna High Court CR. MISC. No.7530 of 2025(3) dt.19-02-2025 3/3 bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st Class, Sheikhpura / court concerned in connection with Korma P.S. Case No. 92 of 2024. (Anil Kumar Sinha, J) praful/- U T