Arjun Kumar Sah @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7949 of 2022 Arising Out of PS. Case No.-282 Year-2021 Thana- BANIAPUR District- Saran ====================================================== ARJUN KUMAR SAH @ ARJUN KUMAR Son of Late jamadar Sah Resident of Village - Harpur Dakshin Tola, P.S. - Baniyapur, District - Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's son.

Patna High Court CR. MISC. No.7949 of 2022(2) dt.01-08-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties. Both sides are agnates and there is an admitted land dispute between them. The injuries are simple in nature. The alleged occurrence is said to have taken place on 28.07.2021 and F.I.R. has been lodged on 01.08.2021 i.e. after a delay of five days and no plausible explanation has been given. Such a delay in lodging the FIR, creates a doubt about the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering the delay in lodging the F.I.R., 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

Patna High Court CR. MISC. No.7949 of 2022(2) dt.01-08-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Baniyapur P.S. Case No.282 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T