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Patna High CourtCR. MISC./11356/2022bail granted

Rakesh Sah v. The State Of Bihar

2022-06-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11356 of 2022 Arising Out of PS. Case No.-156 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== RAKESH SAH S/o Late Amar Sah Resident of Village- Belwa Rai Pethiya Tola, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 156 of 2020 lodged under Sections 323, 324, 307, 354, 379, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is named in the FIR, the present case has been lodged against 9 named accused persons of the same family due to land dispute. He further submits that there is no specific allegation of act and overt act on the present petitioner. All allegations are general and omnibus. He further submits that petitioner is in custody since 29.11.2021, charge sheet has already been filed in this case and petitioner having clean antecedent.

Patna High Court CR. MISC. No.11356 of 2022(2) dt.29-06-2022 2/2 Learned APP for the State opposes the prayer for bail. In the present facts and circumstances that present case is the result of land dispute in which allegation upon the present petitioner is general and omnibus. There is no specific act and overt act on the present petitioner and he is in custody since 29.11.2021. Charge sheet has already been filed and petitioner having clean antecedent, let the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 156 of 2020, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Gautam/- U T