Uday Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14869 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== UDAY SAH S/O DHRUV NARAYAN SAH R/v- Bhitha, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Brijest Kumar Singh, son of Late Yugal Kishore, resident of village Khiriyag Hat, P.S. Bairiya, District West Champaran. ... ... Opposite Parties.
====================================================== Appearance :
For the Petitioner :
Mr. Anant Kumar Mishra, Advocate For the State :
Mr. Umanath Mishra, APP For the Informant : Mr. Pratik Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant/opposite party no.2.
2. The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 379, 384 & 504/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. The allegation against the petitioner is that he along with other co-accused armed with various weapons is said to have assaulted the informant and his family members.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case due land dispute. The allegation
Patna High Court CR. MISC. No.14869 of 2023(3) dt.19-10-2023 2/3 levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is admitted land dispute between the parties. It is further submitted that informant alleged that he was beaten by lathi and danda but no injury report has been brought on record. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State assisted by learned counsel for the informant opposed the prayer for bail. Learned counsel for the informant submits that petitioner has more than one criminal as such the petitioner has suppressed his criminal antecedent and, on this ground alone, the petitioner does not deserve anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their 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 lower Court where the case is pending/successor Court in connection with Bairiya P.S. Case No.82 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. The learned court below is directed to verify the criminal
Patna High Court CR. MISC. No.14869 of 2023(3) dt.19-10-2023 3/3 antecedent of the petitioner before accepting his bail bond. If it is found that petitioner has more than one criminal antecedent, as mentioned in para-3 of this application, in that eventuality the bail bond of the petitioner shall not be accepted. (Anjani Kumar Sharan, J) Trivedi/- U T