Rajnish Sah @ Rajneesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13074 of 2024 Arising Out of PS. Case No.-449 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Rajnish Sah @ Rajneesh Sah son of Late Mahesh Sah @ Mahesh Gond Village- Sultanpur Ps- Kateya Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kateya P.S. Case No. 449 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 354, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that petitioner has assaulted the father of the informant by means of sword, due to which he sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-12-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.13074 of 2024(2) dt.04-03-2024 2/2 counsel that petitioner has been falsely implicated in the present case. There is case and counter case between the parties. Parties are agnates. There is delay of 4 days in lodging of the FIR. All the injuries sustained are opined to be simple in nature expect only one injury sustained by informant's father on his right hand is grievous in nature. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, fact that there is case and counter case between the parties, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kateya P.S. Case No. 449 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T