Virendra Sah @ Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14720 of 2024 Arising Out of PS. Case No.-781 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Virendra Sah @ Birendra Sah S/o Late Moti Sah R/o Village- Murli Padariya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Shikarpur P.S. Case No. 781 of 2023 instituted for the offence under Sections 147, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that informant along with his son was assaulted by the co-accused including the petitioner by means of lathi and rod, due to which they sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-12-2023. Petitioner is

Patna High Court CR. MISC. No.14720 of 2024(2) dt.11-03-2024 2/3 stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. Specific allegation of assault is against co-accused, namely, Ramprit Sah. Referring to the injury report, it is submitted by the petitioner's counsel that injury is found to be simple in nature caused by hard and blunt object. There is subsisting land dispute between the parties and parties are agnates. It is lastly submitted that there is case and counter case between the parties. 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, clean antecedent of the petitioner and fact that there is no specific allegation of assault against the petitioner, 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 Shikarpur

Patna High Court CR. MISC. No.14720 of 2024(2) dt.11-03-2024 3/3 P.S. Case No. 781 of 2023.

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