Saheb Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18425 of 2024 Arising Out of PS. Case No.-164 Year-2015 Thana- SUGAULI District- East Champaran ====================================================== Saheb Sah Son of Nagina Sah Resident of Village- Chhapara Bahas, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sugauli P.S. Case No. 164 of 2015, registered for the offences punishable under Sections 341, 342, 323, 324, 307, 379, 504, 34 of the IPC.

3. As per allegation, when the informant was going to Bathani from Bathni Chowk, the accused persons including the petitioner surrounded him. Co-accused Nagina Sah started abusing him and thereafter, all the accused persons including this petitioner assaulted him with lathi. The petitioner snatched Rs. 10,000/- from his pocket and took out his mobile worth Rs. 8,000/-.

Patna High Court CR. MISC. No.18425 of 2024(3) dt.19-07-2024 2/3

4. It has been submitted by the learned counsel for the petitioner that he was earlier granted anticipatory bail but his bail bond was cancelled as there was allegation against the petitioner that he manufactured forged and fabricated injury report of Motilal, who suffered grievous injury. He submitted further that the petitioner has amply been punished for incarceration of seven months for his fault. He is a person of clean antecedent.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner inflicted farsa blow on the head of Motilal and he suffered grievous injuries.

6. The petitioner is under custody since 05.12.2023 and he is a person of clean antecedent. Co-accused Nagina Sah has been granted bail by a coordinate Bench of this Court vide order dated 08.05.2023 passed in Cr. Misc. No. 5665 of 2023.

7. Considering the above-mentioned facts and circumstances as well as the period of custody and clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 9th Additional Chief Judicial Magistrate, Motihari, East Champaran in

Patna High Court CR. MISC. No.18425 of 2024(3) dt.19-07-2024 3/3 connection with Sugauli P.S. Case No. 164 of 2015, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall present physically on each and every date before the court below till framing of the charge.

(Nawneet Kumar Pandey, J) kundan/- U T