Satyanarayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10233 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- SONBERSA District- Saharsa ====================================================== SATYANARAYAN SAH S/o Dani Sah R/o Village- Amrita, Ward no. 3, P.S.- Sonbarsa Raj, Distt- Saharsa, ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Navin Sah S/o Yogendra Sah R/o Village- Amrita, Ward no. 3, P.S.- Sonbarsa Raj, Distt- Saharsa, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinkar Kumar For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 379, 384, 354-B, 504 and 506 of the Indian Penal Code. As per the prosecution case, 14 FIR named accused persons came at the land of the informant armed with lathi and other weapons and assaulted the informant. It is futher alleged that they also assaulted wife of the informant and tried to outrage her modesty.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.10233 of 2023(2) dt.09-05-2023 2/2 He submits that there is land dispute between the parties. The the allegation of assault and attempt to outrage modesty of the wife of the informant, levelled against the petitioner is ornamental in nature and denied. There is no specific overt against the petitioner and no person was injured in the present case. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is admitted land dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonbarsa-Raj P.S. Case No. 196 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T