Shankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17449 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Shankar sah Son of Late Mangni Sah Resident of Village - Daroga Tola Ward No.4, P.S. -Banjariya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2025 Heard Mr. Prateek Tandon, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Banjariya P.S. Case No. 383 of 2024, F.I.R. dated 26.11.2024 for the offences punishable under Sections 126(2), 115(2), 109, 117(2), 118(1), 303(2), 352, 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant alleged that petitioner along with other accused persons, who are his next door neighbours intercepted him and assaulted the informant and his family members.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.17449 of 2025(2) dt.21-04-2025 2/3 implicated in the present case. As per allegation petitioner along with accused persons assaulted the informant by means of iron rod but the injury report of the injured persons suggest that injury is simple in nature and there is case and counter case between the parties.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and injury sustained by the injured persons is simple in nature, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran in connection with Banjariya P.S. Case No. 383 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.17449 of 2025(2) dt.21-04-2025 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T