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Patna High CourtCR. MISC./19184/2021allowed

Ranjit Sah v. The State Of Bihar

2022-04-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19184 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- KHAIRA District- Saran ====================================================== Ranjit Sah Son of Brij Bihari Sah Resident of Village and P. O.- Mahamda, P.S.- Garkha, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahesh Narayan Parbat, Sr. Adv.

Mr. Praveen Prabhakar, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2022 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 three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 324, 354, 447, 379, 302, 504 of the Indian Penal Code.

Petitioner is said to have assaulted the informant by means of Knife which caused bleeding injury near his left ear. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.19184 of 2021(5) dt.04-04-2022 2/3 petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. There is inordinate delay of about eleven days in lodging the FIR. He submtis that though the petitioner assaulted the informant by means of knife but injury found upon the victim is simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State and informant oppose the prayer for bail and submit that the petitioner along with other accused persons assaulted the father of the informant by means of lathi resultantly he died during course of treatment. Postmortem report shows that the father of the informant died due to hard and blunt substance.

Considering the facts that there is no specific allegation against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Khaira (Nagra

Patna High Court CR. MISC. No.19184 of 2021(5) dt.04-04-2022 3/3 O.P.) P.S. Case No. 166 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T