Chandeshwar Sah @ Chandeshwari Sah @ Chandesri Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16917 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Chandeshwar Sah @ Chandeshwari Sah @ Chandesri Sah Son of Late Sonelal Sah Village -Lohagir, Ward No 14, PS -Ujjiarpur, Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Choudhary Shyam Nandan, Advocate For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3), 324(4), 324(5) and 3(5) of the B.N.S..
3. As per prosecution case, informant, namely Binod Sah, alleged that on 20.08.2024 at about 9 AM, while he was cutting bamboo behind his house, one bamboo fell down in the adjacent plot upon which this petitioner started abusing him. Thereafter, this petitioner, along with other accused persons named in the F.I.R., assaulted informant by means of iron rod and danda. It is further alleged that when wife of informant
Patna High Court CR. MISC. No.16917 of 2025(2) dt.16-04-2025 2/3 came to rescue him, she was also assaulted and accused persons destroyed the paddy crops as well.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact both parties are agnates and neighbors and on account of land dispute, a free fight took place in which both sides sustained injuries. There is case and counter-case between the parties. Doctor has found the injuries, attributed to this petitioner, to be simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the nature of accusation, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioner the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai,
Patna High Court CR. MISC. No.16917 of 2025(2) dt.16-04-2025 3/3 Samastipur in connection with Ujjiarpur P.S. Case No. 219 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T