Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15127 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== BINOD SAH Son of Ramashankar Sah @ Ramashankar Singh Resident of Village - Alinagar Chainpur, P.S.- G. B. Nager, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 324, 307, 379, 504, 506, 34 IPC.

Allegedly, the accused persons named in F.I.R. including the petitioner abused and assaulted the informant and his family members. The petitioner blew Dab on the head of the wife of the informant. He also assaulted the son of the informant with iron rod.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.15127 of 2022(2) dt.14-11-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to civil dispute and village politics. There is general and omnibus allegation against the petitioner. Parties are agnates. Though the allegation against petitioner is of assaulting the informant with dab and iron rod but as per the injury report, the injury is simple in nature, which is also clear from the impugned order. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 G.B. Nager P.S. Case No.199 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T